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Thursday, 10 March 2005
Page: 3

Senator LUDWIG (9:35 AM) —At the request of Senator Conroy, I move:

   That the Senate—

(a)   notes that:

(i)   on 21 February 2005 the Australian Competition and Consumer Commission (ACCC) reached an agreement with Telstra to deal with issues involved in the competition notice issued to Telstra on 19 March 2004, and

(ii)   while the ACCC maintains that Telstra’s conduct was likely to have been in breach of the Trade Practices Act it decided to resolve the matter after obtaining senior legal advice; and

(b)   resolves that a report by the ACCC be provided on a confidential basis to the Environment, Communications, Information Technology and the Arts References Committee, no later than 3.30 pm on Thursday, 17 March 2005, containing:

(i)   the internal and external legal advice it obtained which caused it to decide to resolve the matters raised in the competition notice without litigation, and

(ii)   details of the nature of the evidence received from Telstra’s wholesale customers which influenced its decision to take no further action in relation to the matters raised in the competition notice.

Question agreed to.