Document ID: chunk:federal_register_of_legislation:C2004A04507:schedule:2:p11
Version: federal_register_of_legislation:C2004A04507
Segment Type: schedule
Provision Reference: sch 2 (pt 11/26)
Character Range: 48247–51256

(a)     by inserting in subsection (1) "or more" after "2";

     (b)    by omitting from subsection (1) "either or both" and substituting "any or all";

   (c)     by inserting in paragraph (3)(a) "or networks" after "network";

     (d) by omitting paragraph (4)(b) and substituting the following paragraph:

         "(b) state how far it is necessary or desirable for a carrier or carriers to supply those telecommunications services to any other carrier or carriers for the purposes of the other carrier or carriers supplying telecommunications services; and";

     (e)     by omitting from paragraph (4)(c) "one carrier is" and substituting "carrier is, or carriers are, as the case may be,";

     (f)      by omitting from paragraph (5)(d) "the one carrier to the other" and substituting "a carrier or carriers to any other carrier or carriers";

     (g)     by inserting in paragraph (5)(d) "or networks" after "network" (wherever occurring);

     (h)    by omitting subsection (6) and substituting the following subsection:

     "(6) A determination made for the purposes of one or more supplementary access conditions of one or more licences held by a carrier or carriers must set out:

         (a)     the obligations of the carrier or carriers under the condition or conditions so far as they relate to the matter to which the arbitration relates; and

         (b)     the terms and conditions on which the carrier or carriers must comply with those obligations.";

   (i) by inserting in subsection (7) "or carriers" after "carrier";

   (j) by inserting in subsection (8) "or carriers" after "carrier".

Arbitration where carriers cannot agree on variation of access agreement

  53. Section 157 is amended:

  (a)     by inserting in paragraph (1)(a) "or more" after "2";

    (b)    by inserting at the beginning of paragraph (1)(b) "any or all of".

Steps to be taken in the arbitration

54. Section 166 of the Principal Act is amended by omitting from paragraph (1)(b) and (c) "the other" and substituting "each other".

Party may request AUSTEL to treat material as confidential

  55. Section 167 is amended:

    (a)     by omitting from paragraph (1)(b) "the other party" and substituting "another party or parties";

  (b)    by inserting in paragraph (2)(a) "or parties" after "other party";

  (c)     by omitting from paragraph (2)(b) "other party whether it

     objects" and substituting "other party or parties whether there is any objection";

    (d) by omitting subsection (3) and substituting the following subsection:

     "(3) If there is an objection to AUSTEL complying with a request, a party objecting may inform AUSTEL of its objection and of the reasons for it.";

  (e) by omitting from paragraph (4)(b) "by the other party";

  (f) by omitting from paragraph (4)(c) "either party" and substituting "any party";

    (g) by omitting from subsection (4) "the other party" (last occurring) and substituting "any other party".

Issue of permits

56. Section 258