Document ID: chunk:federal_register_of_legislation:F2023C00244:body:0:p56
Version: federal_register_of_legislation:F2023C00244
Segment Type: other
Provision Reference: 
Character Range: 172072–175640

must
            engage in dispute resolution, as set out in Chapter 2 of the
            main Code. In the period prior to the disagreement being
            resolved, the First Carrier may require accompanied
            physical access.

           (7)  When accessing the Underground Facility, the Second
            Carrier's representatives must comply with all reasonable
            directions from the First Carrier, including directions relating
            to its engineering practices.

           (8)  The Second Carrier must retain a log recording the date,
            time and duration of visits by its personnel to the
            Underground Facility for which the other Carrier is the First
            Carrier, and the First Carrier will be entitled to inspect this
            log on reasonable notice.

Part 2.—  Facilities Access Application

            2.1  Lodgement of Facilities Access Application

           (1)  If the Second Carrier wishes to share an existing
            Underground Facility of the First Carrier , it must submit
            to that First Carrier a Facilities Access Application for its
            review and acceptance.

           (2)  Subject to the provision of appropriate confidentiality
            assurances by the First Carrier in respect of the nondisclosure
            of information, and any existing Master Access
            Agreement regarding security requirements, a Facilities
            Access Application must include creditworthiness
            information that includes, but is not limited to:

              (a)  a letter, signed by the company secretary or duly
               authorised officer of the Second Carrier, stating that the
               Second Carrier is not insolvent and not under any
               external administration (as defined in the Corporations
               Law) or under similar form of administration under any
               laws applicable to it in any jurisdiction;

              (b)  the Second Carrier's credit rating, if any has been
               assigned to it;

              (c)  if requested, a copy of the Second Carrier's most recent
               published audited balance sheet and published audited
               profit and loss statement together with any notes that
               form part of those accounts; and

              (d)  other relevant financial data as agreed between the First
               Carrier and Second Carrier.

           Note:  refer to clause 4.2 of the main Code for provisions relating to the
            nature and negotiation of a Master Access Agreement.

           (3)  The Second Carrier must warrant the accuracy of any
            creditworthiness information provided to the First Carrier.

           (4)  Pursuant to sub-clause 2.1(2) of Annexure B, in the event
            that Carriers are unable to agree on application of the
            warrant specified in that sub-clause, Carriers must engage in
            dispute resolution, as set out in Chapter 2 of the main Code.

           (5)  The Facilities Access Application may include information
            to be agreed from time to time between the parties, but it is
            intended that the Facilities Access Application relating to the
            Underground Facility must include at least the following
            information:

              (i)  specifications for Make Ready Work; and

              (ii)  time required for access to be delivered; and

              (iii) a description of the Equipment to be installed by