Document ID: chunk:federal_register_of_legislation:C2023C00417:section:59
Version: federal_register_of_legislation:C2023C00417
Segment Type: section
Provision Reference: s 59
Character Range: 103009–105512

59  Assistance given by NBN Co or the Board in connection with an NBN Co sale scheme

Giving assistance on own initiative
 (1) NBN Co may, on its own initiative, assist the Commonwealth in connection with the formulation, entering into, or carrying out, of an NBN Co sale scheme.
 (2) A member of the Board may, on the member's own initiative, assist the Commonwealth in connection with the formulation, entering into, or carrying out, of an NBN Co sale scheme.

Giving assistance when requested by Communications Minister and Finance Minister
 (3) NBN Co must, when requested in writing by the Communications Minister and the Finance Minister to do so, assist the Commonwealth in connection with the formulation, entering into, or carrying out, of an NBN Co sale scheme. The assistance is to be given within the period, and in the form and manner, specified in the request.
 (4) The Board must, when requested in writing by the Communications Minister and the Finance Minister to do so, assist the Commonwealth in connection with the formulation, entering into, or carrying out, of an NBN Co sale scheme. The assistance is to be given within the period, and in the form and manner, specified in the request.

Directions of Communications Minister and Finance Minister
 (5) The Communications Minister and the Finance Minister may, by written notice given to NBN Co, give directions to NBN Co about the exercise of NBN Co's powers under subsection (1). NBN Co must comply with the direction.
 (6) The Communications Minister and the Finance Minister may, by written notice given to a member of the Board, give directions to the member about the exercise of the member's powers under subsection (2). The member must comply with the direction.

Immunity
 (7) To avoid doubt, the giving of assistance as mentioned in subsection (1), (2), (3) or (4), the making of a request under subsection (3) or (4), or the giving of a direction under subsection (5) or (6), does not result in a contravention of, or give rise to a liability or remedy under:
 (a) a provision of the Corporations Act 2001; or
 (b) if NBN Co is a listed disclosing entity—the listing rules of a listing market in relation to NBN Co; or
 (c) a rule of common law or equity (other than a rule of administrative law).

Consequences of a contravention
 (8) A contravention of subsection (3), (4), (5) or (6) is not an offence. However, a contravention of subsection (3), (4), (5) or (6) is a ground for obtaining an injunction under Part 6.