Document ID: chunk:federal_register_of_legislation:F2023C00256:reg:11:p7
Version: federal_register_of_legislation:F2023C00256
Segment Type: reg
Provision Reference: reg 11 (pt 7/11)
Character Range: 20265–22977

available, upon reasonable written request by a wholesale customer whose information would otherwise be provided to NBN Co under this section 11, a copy of the agreement referred to in paragraph (a),
the licensee must comply with subsection 11(2) by providing the Specified Premises Location Information to NBN Co in accordance with the terms of that agreement (except that subsection 11(2) will override any term of such agreement to the extent that such a term would otherwise prevent the licensee from complying with subsection 11(2) because a wholesale customer has not consented to disclosure of the Specified Premises Location Information to NBN Co).
 (4) If a legally binding agreement of the type referred to in subsection 11(3) is not in force, the licensee must provide the Specified Premises Location Information in respect of each Report Date to NBN Co by no later than 10 working days after that Report Date.
 (5) The licensee is not required to provide Specified Premises Location Information to NBN Co under subsection 11(2):
 (a) where a legally binding agreement of the type referred to in subsection 11(3) is in force, if and for so long as NBN Co is (or will imminently be) in breach of a material term of that agreement, and as a consequence, the licensee is not required to provide the Specified Premises Location Information to NBN Co under that agreement;
 (b) where a legally binding agreement of the type referred to in subsection 11(3) is not in force, if and for so long as the licensee, acting reasonably, determines that NBN Co is (or will imminently commence) using or disclosing the Specified Premises Location Information for a purpose other than a Permitted Purpose, provided the licensee has given NBN Co a reasonable opportunity to cease (or prevent) that use or disclosure;
 (c) where a legally binding agreement between NBN Co and the licensee under which NBN Co will reimburse the licensee for reasonable, direct and incremental costs associated with modifications to the licensee's IT systems required to enable the licensee to provide the Specified Premises Location Information to NBN Co is not in force;
 (d) where a legally binding agreement between the licensee and NBN Co (or another person) under which NBN Co (or another person) will indemnify the licensee for losses or claims arising as a result of use or disclosure by NBN Co of the Specified Premises Location Information in a manner inconsistent with subsections 11(7) and 11(8) is not in force.
 (6) The licensee will not be in breach of subsection 11(2) in circumstances where the breach is a breach of subsection 11(4) and that breach is directly caused by an event or circumstance outside of the licensee's