Document ID: chunk:federal_register_of_legislation:C2004A00687:clause:1_24a:p1
Version: federal_register_of_legislation:C2004A00687
Segment Type: clause
Provision Reference: sch 1 cl 24A (pt 1/2)
Character Range: 7135–9790

24A  Former universal service provider may be required to provide information to current universal service provider

 (1) This section applies if:
 (a) a person (the former provider) ceases to be a universal service provider for a particular area (the relevant area) and another person (the current provider) is declared, by declaration that takes effect at the time of that cessation or within the next 6 months, to be a universal service provider for some or all of that area; or
 (b) a person (the former provider) ceases to be a universal service provider for a particular area (the relevant area) and another person (the current provider) who, before that cessation, was also a universal service provider for some or all of that area continues after that cessation to be a universal service provider for some or all of that area.

Note: The declaration referred to in paragraph (a) may be a declaration made before, at the same time as, or after the time when the former provider ceases to be a universal service provider.

 (2) The current provider may, by written notice given to the former provider, require the former provider to give to the current provider specified information of the kind referred to in subsection (3). A notice of this kind cannot be given more than 6 months after:
 (a) if paragraph (1)(a) applies:
 (i) the later of the day on which the declaration referred to in paragraph (1)(a) was made and the day on which that declaration takes effect; or
 (ii) if both of those things happen on the same day—that day; or
 (b) if paragraph (1)(b) applies—the day on which the former provider ceases to be a universal service provider for the relevant area.

Note: If paragraph (1)(a) applies, a notice under this subsection may be given by the current provider even if the declaration referred to in that paragraph has not yet taken effect.

 (3) The information that may be required to be given must be information that will assist the current provider in doing something that the current provider is or will be required or permitted to do by or under a provision of this Part. The notice must identify the doing of that thing as the purpose for which the information is required.

Note 1: If, for example, information about service location and customer contact details will assist the current provider in fulfilling its obligation under subsection 21(5), the former provider may be required to provide that kind of information.

Note 2: See also subsection (5), which allows the Minister to determine that a specified kind of information is information referred to in this subsection.

 (4) If a requirement made by a notice under