Document ID: chunk:federal_register_of_legislation:F2023C00244:body:0:p55
Version: federal_register_of_legislation:F2023C00244
Segment Type: other
Provision Reference: 
Character Range: 168812–172380

location of the Underground
             Facility to which physical inspection is sought; and

              (iii) the date(s) and time(s) at which the Second Carrier
               wishes to visit the Underground Facility; and

              (iv) other matters as agreed between the parties.

           (3)  Subject to sub-clause 1.2(4) of Annexure B and obligations
            imposed by the Lessor of the relevant Underground Facility
            or of a third party under whose property the Underground
            Facility has to be accessed, the Second Carrier's personnel
            must be permitted physical access to the Underground
            Facility:

              (i)  in an orderly manner and on a non-discriminatory basis;
               and

              (ii)  as soon as reasonably practicable and within three
               Business Days of giving notification of a physical
               inspection.

           (4)  Where there is a significant risk to the health and safety
            of a Carrier's employees, agents or contractors or to the
            integrity of the First Carrier's network or facility from an
            unaccompanied physical inspection by a Second Carrier's
            employees, agents or contractors (the 'representatives'), the
            First Carrier may require, at the Second Carrier's expense,
            that the Second Carrier's representatives be accompanied
            by an employee of the First Carrier and, prior to granting
            a Second Carrier's representatives access to the Underground
            Facility for a physical inspection, that the Second Carrier's
            representatives undergo an induction course which is
            relevant to the physical inspection. An induction course
            may include accompanied visits to the Underground Facility.
            In determining whether there is a significant risk to the
            integrity of the network or facility from unaccompanied
            physical access, regard should be had to the importance
            of the facility to the First Carrier's network and the
            qualifications of the Second Carrier's representatives.

           (5)  The Second Carrier's representatives are not required to
            be accompanied by an employee of the First Carrier nor
            to undergo an induction course where there is no significant
            risk to the health and safety of a Carrier's employees, agents
            or contractors or to the integrity of the First Carrier's network
            or facility from unaccompanied access. Nonetheless, the
            First Carrier may choose to accompany the Second Carrier's
            representatives provided that the Second Carrier may gain

            physical access in accordance with the notification times
            governed by sub-clause 1.2(3) of Annexure B and the First
            Carrier meets its own cost of attending.

           (6)  In the event that there is disagreement over whether there
            exists a significant risk to the health and safety of a Carrier's
            employees, agents or contractors or to the integrity of the
            First Carrier's network or facility, then both Carriers must
            engage in dispute resolution, as set out in Chapter 2 of the
            main Code. In the period prior to the disagreement being
            resolved, the First Carrier may require accompanied
            physical access.

           (7)  When accessing the Underground Facility, the Second