Document ID: chunk:federal_register_of_legislation:C2004A00735:clause:1_11b:p1
Version: federal_register_of_legislation:C2004A00735
Segment Type: clause
Provision Reference: sch 1 cl 11B (pt 1/3)
Character Range: 30013–32780

11B  Former universal service provider may be required to provide information to current universal service provider

 (1) This section applies if:
 (a) either:
 (i) the Minister determines under section 12A that a carrier or carriage service provider (the current provider) is the primary universal service provider for a universal service area (the relevant area) in respect of a service obligation; or
 (ii) the ACA approves a carrier or carriage service provider (the current provider) under section 13B as a competing universal service provider for a universal service area (the relevant area) in respect of a contestable service obligation; and
 (b) another person, who is or was a universal service provider for the area in respect of the obligation, is determined to be a former provider under subsection (2B).

Note: The Minister may be taken to have made a determination under section 12A if an agreement is made under section 56 or 57 of the Telstra Corporation Act 1991: see section 12E.

 (2) This section also applies if:
 (a) any of the following applies:
 (i) the Minister revokes or varies a determination under section 12A so that a person (the former provider) ceases to be a universal service provider for a universal service area (the relevant area) in respect of a service obligation; or
 (ii) the ACA revokes or varies an approval under section 13B so that a person (the former provider) ceases to be a universal service provider for a universal service area (the relevant area) in respect of a service obligation; or
 (iii) a person (the former provider) otherwise ceases to be a universal service provider for a universal service area (the relevant area) in respect of a service obligation; and
 (b) another person (the current provider), who was also a universal service provider for the relevant area in respect of the service obligation, continues to be a universal service provider for the area in respect of that obligation:
 (i) if subparagraph (a)(i) or (ii) applies—after the revocation or variation; or
 (ii) if subparagraph (a)(iii) applies—after the cessation.

 (2A) Subsections (1) and (2) can apply before the determination, revocation or variation under section 12A or the approval, revocation or variation under section 13B takes effect.

 (2B) The Minister may determine in writing that a person is a former provider for the purposes of this section.

 (3) The current provider may, by written notice given to the former provider, require the former provider to give to the current provider specified information of the kind referred to in subsection (4). A notice of this kind cannot be given more than 6 months after:
 (a) if subsection (1) applies—the later of the following days:
 (i) the day on which the current provider