The Reforms to Part XIB of the Trade Practices Act: 21st Century Broadband

Abstract

As part of its wide-ranging reforms to the telecommunications regulatory regime before the introduction of the National Broadband Network (NBN), the government has proposed modifications to the anti-competitive conduct provisions of Pt XIB of the 'Trade Practices Act 1974' (Cth) (TPA). In contrast to the extensive modifications to the access provisions set out in Pt XIC, the changes proposed to Pt XIB in the 'Telecommunications Legislation Amendment' ('Competition and Consumer Safeguards') 'Bill 2009' (Cth) (the Bill) are modest, given the more market intrusive options considered in the government's April 2009 consultation document and the sustained level of criticism of the weaknesses of Pt XIB by both competitors to Telstra and the Australian Competition and Consumer Commission (ACCC), the body responsible for enforcement of Pt XIB.