Part 4AAServices provided using networks developed with Crown funding: Undertakings regime and Commerce Act 1986 authorisations
Commerce Act 1986 authorisations in respect of Ultra-fast Broadband Initiative
156AZDBusiness acquisition authorisations in respect of participation in Ultra-fast Broadband Initiative
The following are authorised:
- any acquisition by a UFB partner or a local fibre company owned partially by the Crown of the fibre optic network assets or undertaking of any telecommunications network company as part of an arrangement with the Crown under the UFB initiative; and
- any acquisition by a UFB partner of the shares of any telecommunications network company (whether on a minority or an equal basis or otherwise) as part of an arrangement with the Crown, or with the Crown and another UFB partner, under the UFB initiative; and
- any acquisition by the Crown of shares in, or assets of, Telecom pursuant to the selection of Telecom as a UFB partner in a particular region or regions.
The authorisations do not apply to any acquisition that is made more than 2 years after the date on which this section comes into force, except an acquisition under UFB 2.
The authorisations—
- apply to any acquisition under UFB 2 that is made before the date that is 2 years after this subsection comes into force, as if the authorisation were in force at the time the acquisition was made; but
- do not apply to any acquisition under UFB 2 that is made more than 2 years after the date on which this subsection comes into force.
The authorisations must be treated as if they were authorisations granted by the Commerce Commission under section 67(3)(b) of the Commerce Act 1986 on the date on which this section comes into force.
However, if the authorisations are for any acquisitions under UFB 2, the authorisations must be treated as if they were authorisations granted by the Commission under section 67(3)(b) of the Commerce Act 1986 on the date on which this subsection comes into force.
Sections 91 to 97 of the Commerce Act 1986 do not apply to the authorisations.
The effect of the authorisations is the same as that stated in section 69 of the Commerce Act 1986.
Notes
- Section 156AZD: inserted, on , by section 81 of the Telecommunications (TSO, Broadband, and Other Matters) Amendment Act 2011 (2011 No 27).
- Section 156AZD(2): amended, on , by section 17(1) of the Telecommunications (Property Access and Other Matters) Amendment Act 2017 (2017 No 16).
- Section 156AZD(2A): inserted, on , by section 17(2) of the Telecommunications (Property Access and Other Matters) Amendment Act 2017 (2017 No 16).
- Section 156AZD(2A)(a): amended, on , by section 41(6) of the Telecommunications (New Regulatory Framework) Amendment Act 2018 (2018 No 48).
- Section 156AZD(3A): inserted, on , by section 17(3) of the Telecommunications (Property Access and Other Matters) Amendment Act 2017 (2017 No 16).


