Document ID: chunk:federal_register_of_legislation:C2024C00742:clause:1_29
Version: federal_register_of_legislation:C2024C00742
Segment Type: clause
Provision Reference: sch 1 cl 29
Character Range: 1406386–1408000

29  Consultation about reconfiguration etc.
 (1) This clause applies to a carrier (the first carrier) if the first carrier supplies carriage services to another carrier (the second carrier).
 (2) The first carrier must, if requested to do so by the second carrier, consult with the second carrier before modifying or reconfiguring the first carrier's telecommunications network.
 (3) The first carrier is not required to comply with subclause (2) unless the modification or reconfiguration has a bearing on the second carrier's:
 (a) telecommunications network planning activities; or
 (b) telecommunications network maintenance activities; or
 (c) telecommunications network reconfiguration activities.
 (4) The first carrier must comply with the requirement set out in subclause (2) on such terms and conditions as are:
 (a) agreed between the following parties:
 (i) the first carrier;
 (ii) the second carrier; or
 (b) failing agreement, determined by an arbitrator appointed by the parties.
If the parties fail to agree on the appointment of an arbitrator, the ACCC is to be the arbitrator.
 (5) The regulations may make provision for and in relation to the conduct of an arbitration under this clause.
 (6) The regulations may provide that, for the purposes of a particular arbitration conducted by the ACCC under this clause, the ACCC may be constituted by a single member, or a specified number of members, of the ACCC. For each such arbitration, that member or those members are to be nominated in writing by the Chairperson of the ACCC.
 (7) Subclause (6) does not, by implication, limit subclause (5).