Document ID: chunk:federal_register_of_legislation:F2018L00642:reg:6:p5
Version: federal_register_of_legislation:F2018L00642
Segment Type: reg
Provision Reference: reg 6 (pt 5/6)
Character Range: 12672–16057

as soon as is reasonably practicable.

    16                Provision of information by the ACCC to the ACMA

         (1)               The ACCC must give to the ACMA within 14 days, a copy of:

            (a)         any access undertaking or variation of an access undertaking accepted by the ACCC under subsection 118NF(2) or subsection 118NH(3) of the Act;
            (b)         any notice given to a licensee rejecting an access undertaking or variation of an access undertaking under subsection 118NF(8) or subsection 118NH(9) of the Act;
            (c)         any notice received under subsection 118NQ(4) of the Act;
            (d)         any notice issued under subsection 118NQ(6) of the Act;
            (e)         any notice issued under subsection 118PA(2) of the Act and subsequent audit report;
            (f)          an annual report under subsection 118PN of the Act.

         (2)               The ACCC must give to the ACMA details of any access undertaking it has refused to consider under rule 17, as soon as is reasonably practicable.

    17                Refusal to consider an access undertaking

    The ACCC may refuse to consider an access undertaking if:

            (a)                                  the ACCC is satisfied that the access undertaking:

            (i)           is frivolous; or
            (ii)        is vexatious; or
            (iii)      was not given in good faith; or

         (b)               the ACCC has reason to believe that the access undertaking was given for the purpose, or for purposes that include the purpose, of frustrating or undermining the effective administration of Division 4B of Part 3.3 of the Act.
Part 6 Annual Reports

    18                Matters to be included in annual reports

         (1)               In accordance with section 118PN of the Act, a licensee must, within 60 days after the end of a financial year give the ACCC an annual report.

         (2)               An annual report given to the ACCC under subrule (1) must include details of the following matters:

            (a)         compliance during that financial year with the access undertaking;
            (b)         compliance during that financial year with standard access obligations (if any) applicable to the licence;
            (c)         compliance during that financial year with excess-capacity access obligations (if any) applicable to the licence;
            (d)         compliance during that financial year with obligations that are applicable to the licence under section 118NP;
            (e)         any non-compliance (including reasons) with matters listed in paragraphs (a) to (d);
            (f)          steps taken to rectify non-compliance with matters listed in paragraphs (a) to (d);
            (g)         expected completion dates for matters requiring rectification;
            (h)         changes to the membership of the eligible joint venture company that have occurred during that financial year;
            (i)           any authorisation of third party users.

         (3)               The ACCC may make an annual report given to the ACCC under subrule (1) publicly available on the ACCC's Internet site.
Schedule 1 Dictionary
         (rule 4)

ACCC means the Australian Competition and Consumer Commission.

access undertaking means an undertaking under section