43049a13_nd_Network_Companies_Bill_2011__4
[0] (E) Prohibit NBN Co from investing in a retail provider except for the purpose of acquiring a retail provider for the purpose of acquiring its assets, or selling any shares. Include a new process for clearance of potential acquisitions and divestments by the ACCC. [1] Regulation (legislated prohibition) [2] Limited. NBN Co would generally not be able to invest in retailers and other carriers or service providers or divest without direct clearance from the ACCC. This would limit NBN Co’s flexibility to make purchases in a commercial market. [3] Yes. Option E would generally prevent NBN Co having an interest in another entity, thereby limiting situations in which it could breach its obligations or be subject to a conflict of interest. Any transactions would be subject to strict ACCC oversight. [5] This option was suggested by some stakeholders. However, it would also limit NBN Co’s ability to engage with industry players interested in transactions. [4] 
NBN Co would have limited ability to purchase stakes in other companies, thus limiting this option as a means of rolling out its network in a cost effective manner. Option E adds a layer of complexity and uncertainty as the ACCC could be required to consider an acquisition anyway under section 50. If a dual regulatory process was put in place, this would add to regulatory costs for the ACCC and create delays for NBN Co in being able to roll-out the NBN. To the extent that these delays create costs, these would be passed on to industry and end-users.
ParlInfo - National Broadband Network Companies Bill 2011