Document ID: chunk:federal_register_of_legislation:F2019L01248:reg:6
Version: federal_register_of_legislation:F2019L01248
Segment Type: reg
Provision Reference: reg 6
Character Range: 4412–6866

6  Exemptions from obligation to give access

Exemptions
 (1) For the purposes of subclause 45A(9) of Schedule 4 to the Act, the owner or operator of a designated associated facility is not required to give an access seeker access to the designated associated facility if subsection (2) or (4) applies.
Note: For the obligation to give access, see subclauses 45A(2) and (4) of Schedule 4 to the Act.

Giving access would have certain effects
 (2) This subsection applies if giving access would:
 (a) prevent a person covered by subsection (3) from obtaining a sufficient amount of a service provided by means of the designated associated facility to be able to meet the person's reasonably anticipated requirements, measured at the time the request for access was made; or
 (b) prevent any person from obtaining, by the exercise of a right under a contract or determination in force at the time the request for access is made, a sufficient level of access to a service provided by means of the designated associated facility to be able to meet the person's actual requirements; or
 (c) deprive any person of a right under a contract that was in force on 10 May 2000.
 (3) A person is covered by this subsection if the person is:
 (a) the owner or operator of the designated associated facility; or
 (b) a customer of the owner or operator who, at the time the request is made, has access to, or a right to access, the designated associated facility.

Access seeker would fail in certain respects
 (4) This subsection applies if there are reasonable grounds to believe that, if access were given, the access seeker:
 (a) would fail, to a material extent, to comply with the terms and conditions on which the owner or operator complies, or is reasonably likely to comply, with the obligation to give access; or
 (b) would fail to protect:
 (i) the integrity of a telecommunications network; or
 (ii) the continuity of a broadcasting service; or
 (iii) the safety of individuals working on, or using services supplied by means of, a telecommunications network or facility.
 (5) Examples of reasonable grounds for believing the matter mentioned in paragraph (4)(a) include:
 (a) evidence that the access seeker is not creditworthy; and
 (b) repeated failures by the access seeker to comply with the terms and conditions on which the same or similar access has been provided (whether or not by the owner or operator).

Part 3—Arbitration

Division 1—General