Document ID: chunk:federal_register_of_legislation:C2004A00443:clause:1_151bub:p1
Version: federal_register_of_legislation:C2004A00443
Segment Type: clause
Provision Reference: sch 1 cl 151BUB (pt 1/2)
Character Range: 20856–23693

151BUB  Carrier or carriage service provider gives access to reports

 (1) This section applies to a report 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 the report, or the disclosure of particular extracts from the report, 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 the report or extracts, together with other relevant material (if any) specified in the direction, available for inspection and purchase by the public as soon as practicable after the end of the period specified in the direction; or
 (d) a written direction requiring it to make copies of the report 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;
  as soon as practicable after the end of the period specified in the direction.

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

 (3) The period specified in a direction under subsection (2) must run for at least 28 days after 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 of the carrier or carriage service provider concerned; and
 (b) such other matters as the Commission considers relevant.

Consultation before giving direction

 (6) The Commission must not give the carrier or carriage service provider concerned a direction under subsection (2) unless the Commission has first:
 (a) given the carrier or carriage service provider a written notice:
 (i) setting out a draft version of the direction; and
 (ii) inviting the carrier or carriage service provider to make a submission to the