SAU variation documents 31 May 2016
On 27 May 2016, NBN Co lodged a variation to its SAU with the ACCC.
Confidential information
NBN Co has provided a confidential version of the Analysys Mason report to the ACCC. NBN Co indicated that a limited number of sections in the Analysys Mason report contain material that is ‘confidential of particular sensitivity’ and as such, will not be made available to other parties, including under confidentiality arrangements.
Time period for making a decision on the SAU variation
The ACCC must make a decision to accept or reject the SAU variation within 6 months of lodgement of the SAU variation. If the ACCC does not make a decision within the statutory time period, it is deemed to have accepted the SAU variation. Any period during which the ACCC is undertaking its first round of public consultation on the SAU variation and any period during which the ACCC is waiting for NBN Co to respond to an information request is not included in the 6 month statutory timeframe.
The ACCC has set an initial consultation period for the SAU variation until 26 August 2016. The ACCC has released a consultation paper on the SAU variation on 20 July 2016.
All enquiries about the SAU variation can be directed to Scott Harding, Acting Director, NBN and Pricing Coordination Section on 03 9658 6434 or email scott.harding@accc.gov.au.
Extension of decision making period
On 8 February 2017, the ACCC extended its decision making period in respect of NBN Co’s proposed variation to the SAU by 3 months. The ACCC has extended the decision making period to be able to adequately assess the issues raised by stakeholders on the proposed variation.
On 18 May 2017, the ACCC further extended the statutory timeframe for making a final decision on the SAU by 3 months. This additional extension will enable the ACCC to fully consider submissions from stakeholders in response to its draft decision and to allow the ACCC sufficient time to make its final decision on NBN Co’s proposed variation to the SAU.