Communications Regulation (Amendment) Act 2007

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PART 4

Amendment of Competition Act 2002

Amendment of section 3 of Competition Act 2002 (interpretation).

22.— Section 3 of the Competition Act 2002 is amended as follows:

(a) by inserting in subsection (1) the following definition before the definition of “authorised officer”:

“ ‘ associated facilities ’, in relation to an electronic communications undertaking, has the same meaning as in section 2(1) of the Communications Regulation Act 2002 (No. 20 of 2002);”;

(b) in subsection (1), by repealing the definition of “Commission”;

(c) by inserting in subsection (1) the following definitions before the definition of “conditional determination”:

“ ‘ Commission’ means the Commission for Communications Regulation established by Part 2 of the Communications Regulation Act 2002 ;

‘ competent authority ’—

(a) except as provided by paragraph (b), means the Competition Authority, and

(b) if the Competition Authority and the Commission have, under section 47E, agreed that the Commission should, in relation to a particular matter, perform the functions conferred on the relevant authority by Part 2, or the Minister has made a determination under that section that the Commission should exercise those functions in relation to that matter, also means the Commission;

‘ Competition Authority ’ means the Authority continued by section 29;”;

(d) by inserting in subsection (1) after the definition of “director” the following definitions:

“ ‘ electronic communications network ’ has the same meaning as in section 2 of the Communications Regulation Act 2002 ;

‘ electronic communications service ’ has the same meaning as in section 2 of the Communications Regulation Act 2002 ;

‘ electronic communications undertaking ’ means an undertaking that provides an electronic communications network or an electronic communications service or associated facilities;”.