Document ID: chunk:federal_register_of_legislation:C2004A00443:clause:1_151buc:p1
Version: federal_register_of_legislation:C2004A00443
Segment Type: clause
Provision Reference: sch 1 cl 151BUC (pt 1/3)
Character Range: 25858–28634

151BUC  Carrier or carriage service provider gives access to periodic reports

 (1) This section applies to a particular series of periodic reports that are required to be prepared by a carrier, or a carriage service provider, in accordance with the record‑keeping rules.

Disclosure direction

 (2) If the Commission is satisfied that the disclosure of each of the reports in that series, or the disclosure of particular extracts from each of the reports in that series, would be likely to:
 (a) promote competition in markets for listed carriage services; or
 (b) facilitate the operation of:
 (i) this Part (other than this Division); or
 (ii) Part XIC (which deals with access); or
 (iii) Division 3 of Part 20 of the Telecommunications Act 1997 (which deals with Rules of Conduct relating to dealings with international telecommunications operators); or
 (iv) Part 6 of the Telstra Corporation Act 1991 (which deals with regulation of Telstra's charges);
the Commission may give the carrier or carriage service provider concerned:
 (c) a written direction requiring it to make copies of each of those reports or extracts, together with other relevant material (if any) specified in the direction, available for inspection and purchase by the public by such times as are ascertained in accordance with the direction; or
 (d) a written direction requiring it to make copies of each of those reports or extracts, together with other relevant material (if any) specified in the direction, available for inspection and purchase:
 (i) by such persons as are specified in the direction; and
 (ii) on such terms and conditions (if any) as are specified in the direction;
  by such times as are ascertained in accordance with the direction.

Note 1: For example, a direction under paragraph (2)(c) could require that each report in a particular series of quarterly reports be made available by the 28th day after the end of the quarter to which the report relates.

Note 2: For specification by class, see subsection 46(2) of the Acts Interpretation Act 1901.

 (3) In the case of the first report in the series (or extracts from that report), the applicable time ascertained in accordance with a direction under subsection (2) must be later than the 28th day after the day on which the direction was given.

 (4) A direction under paragraph (2)(d) is also taken to require the carrier or carriage service provider concerned to take reasonable steps to inform the persons who inspect or purchase copies of the report or extracts of the terms and conditions (if any) that are specified in the direction.

Criteria for giving direction

 (5) In deciding whether to give a direction under subsection (2), the Commission must have regard to:
 (a) the legitimate commercial interests