Document ID: chunk:federal_register_of_legislation:F2023C00244:body:0:p6
Version: federal_register_of_legislation:F2023C00244
Segment Type: other
Provision Reference: 
Character Range: 16202–19898

Carrier to the extent necessary to permit that person to
              protect or advise on the rights of the Disclosing Carrier
              in respect of the obligations of the Disclosing Carrier
              under a facilities access agreement; and

              (c)  in connection with legal proceedings, arbitration, expert
              determination and other dispute resolution mechanisms
              or for the purpose of seeking advice from a professional
              person in relation thereto; and

              (d)  as required by law provided that the Disclosing Carrier
              has first notified the Other Carrier that it is required to
              disclose the Confidential Information so that the Other
              Carrier has an opportunity to protect the confidentiality
              of its Confidential Information; and

              (e)  as required by the listing rules of any stock exchange
              where a Disclosing Carrier's securities are listed or
              quoted; and

              (f)  with the consent of the Other Carrier; and

           Note:  Sub-clause 2.1(6) provides that a condition of consent may be the
           acceptance of confidentiality obligations by the person to whom the
           Confidential Information is disclosed.

              (g) in accordance with a lawful and binding direction
              issued by the ACMA or the ACCC or any Minister; and

              (h)  if reasonably required to protect the safety of personnel
              or equipment; and

              (i)  as required by this Code.

           (5)  First and Second Carriers must establish and observe
           procedures adequate to protect the Confidential Information
           of the other First or Second Carrier with which it is engaged
           in relation to facilities access and must ensure that each of
           its directors, officers, employees, agents and representatives
           to whom that Confidential information is disclosed,

           in connection with a facilities access application or
           agreement, is subject to and maintains the confidentiality
           obligations of this clause.

           (6)  If required by the Other Carrier, as a condition of it giving its
           consent to the disclosure of the Confidential Information of
           that Other Carrier, the Disclosing Carrier, before disclosing
           Confidential Information to a third person (the disclosee),
         must:

              (a)  impose an obligation upon the disclosee:

                (i)  to use the Confidential Information disclosed solely
                for the purposes for which the disclosure is made
                and to observe appropriate confidentiality
                requirements in relation to such information; and

                (ii)  not to disclose the Confidential Information without
                the prior written consent of the Disclosing Carrier;
                and

              (b)  obtain an acknowledgment from such a disclosee that:

                (i) the Confidential Information is, and at all times
                remains, proprietary to the Other Carrier; and

                (ii)  misuse or unauthorised disclosure of the
                Confidential Information will cause serious harm
                to the Other Carrier

           unless disclosure is made to a third party which is the
           Commonwealth or a State Government or a statutory
           authority in compliance with a requirement imposed
           by statute.

           (7)  First and Second Carriers must cooperate to:

         (a)  protect the confidentiality of