Section 152CH — Competition and Consumer Act 2010 (Cth)

(1) The Minister may, by legislative instrument, make a determination setting out principles dealing with price‑related terms and conditions relating to the standard access obligations. The determination is to be known as a Ministerial pricing determination.

Note 3A: Subsection 152CBD(2) provides that the Commission must not accept a special access undertaking unless the undertaking is consistent with any Ministerial pricing determination.

Note 4: Subsection 152CI(1) provides that a provision of an access undertaking has no effect to the extent that the provision is inconsistent with any Ministerial pricing determination.

Note 5: Subsection 152CI(2) provides that a provision of an access determination has no effect to the extent that the provision is inconsistent with any Ministerial pricing determination.

Note 5A: Subsection 152CI(3) provides that a provision of binding rules of conduct have no effect to the extent that the provision is inconsistent with any Ministerial pricing determination.

(3) In this section:

price‑related terms and conditions means terms and conditions relating to price or a method of ascertaining price.

Related sections

• s 152CC — Register of access undertakings
• s 152CD — Enforcement of access undertakings
• s 152CDA — Deferral of consideration of an access undertaking etc.
• s 152CI — Undertakings, access determinations and binding rules of conduct that are inconsistent with Ministerial pricing determinations
• s 152CJ — Register of Ministerial pricing determinations
• s 152CJA — Supply of services by NBN corporations

Research how courts apply s 152CH

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