Communications Regulation (Amendment) Act 2007

PART 4

Amendment of Competition Act 2002

22.

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;”.