Document ID: chunk:federal_register_of_legislation:F2021L01524:body:0:p42
Version: federal_register_of_legislation:F2021L01524
Segment Type: other
Provision Reference: 
Character Range: 102481–105374

carrier will engage in the activity as originally proposed.
Division 5 Objection made to Telecommunications Industry Ombudsman
4.35 Application of Division 5
  This Division applies if:
 (a) the objection is not resolved by agreement between the carrier and objector; and
 (b) the objector is not satisfied with the carrier's response to the objection.
4.36 Request to refer objection to Telecommunications Industry Ombudsman
 (1) Within 5 business days after the objector receives the carrier's response to the objection, the objector may ask the carrier, in writing, to refer the objection to the Telecommunications Industry Ombudsman.
 (2) The carrier must comply with the request within 10 business days after receiving it.
           Note  If the objector does not ask the carrier to refer the objection, the carrier may engage in the low-impact facility activity: see s 4.32, situation 2.
4.36A Referral of matters by carrier to Telecommunications Industry Ombudsman
 (1) The carrier may refer a matter to which this Division applies to the Telecommunications Industry Ombudsman only if:
 (a) the carrier has made reasonable efforts to resolve the matter within 10 business days after commencing consultation on the matter; and
 (b) the carrier's efforts have been conducted in good faith.
 (2) Where a carrier refers a matter to the Telecommunications Industry Ombudsman, the carrier must:
 (a) provide to the Ombudsman:
  (i) evidence of the attempts made by the carrier to resolve the matter; and
  (ii) a copy of the notice given to the owner or occupier under section 4.23; and
 (b) give written notice to the objector within 2 business days after referring the matter.
4.37 Compliance with directions of Telecommunications Industry Ombudsman
 (1) Subject to this section, if the Telecommunications Industry Ombudsman gives a direction to the carrier about the way in which the carrier should engage in the low-impact facility activity, the carrier must comply with the direction.
 (2) This section applies only if the objection which is the subject of the direction comes, in whole or in part, within the jurisdiction of the Telecommunications Industry Ombudsman.
           Note 1 If the Telecommunications Industry Ombudsman deals with the objection without giving a direction to the carrier, and the Ombudsman informs the carrier in writing of that outcome, the carrier may engage in the land entry activity: see s 4.32, situation 3.
Chapter 5 Temporary defence facilities

Simplified outline of Chapter 5
Division 3 of Schedule 3 to the Telecommunications Act 1997 authorises a carrier to enter on land and install facilities, including temporary defence facilities.
This Chapter sets out conditions to be complied with by a carrier in installing a temporary defence facility.
The Chapter has 4 Parts.
The Parts deal with the following matters:
 Part 1 — introduction
 Part