Document ID: chunk:federal_register_of_legislation:C2025C00189:section:151bua:p2
Version: federal_register_of_legislation:C2025C00189
Segment Type: section
Provision Reference: s 151BUA (pt 2/3)
Character Range: 1774210–1776948

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 notice
 (5) The Commission must not give the carrier or carriage service provider concerned a notice 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 notice under subsection (2); and
 (ii) inviting the carrier or carriage service provider to make a submission to the Commission on the draft by a specified time limit; and
 (b) considered any submission that was received within that time limit.
The time limit specified in a notice under paragraph (a) must be at least 28 days after the notice was given.

Public access
 (6) If the Commission gives the carrier or carriage service provider concerned a notice under paragraph (2)(c), the Commission:
 (a) must make copies of the report or extracts, together with the other material (if any) specified in the notice, available for inspection and purchase by the public as soon as practicable after the end of the period specified in the notice; and
 (b) may also give a written direction to the carrier or carriage service provider concerned requiring it to take such action as is specified in the direction to inform the public, or such persons as are specified in the direction, that the report is, or the extracts are, so available.
Note: For specification by class, see subsection 33(3AB) of the Acts Interpretation Act 1901.
 (7) A person must comply with a direction under paragraph (6)(b).

Limited access
 (8) If the Commission gives the carrier or carriage service provider concerned a notice under paragraph (2)(d), the Commission must:
 (a) make copies of the report or extracts, together with the other material (if any) specified in the notice, available for inspection and purchase by the persons specified in the notice as soon as practicable after the end of the period specified in the notice; and
 (b) 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 notice.
 (9) If, in accordance with subsection (8), a person inspects or purchases a copy of the report or extracts, the person must comply with the terms and conditions (if any) that are specified in the notice concerned.

Offences
 (10) A person who contravenes subsection (7) commits an offence punishable on conviction by a fine not exceeding 20 penalty units.
 (11) A person who contravenes subsection (9) commits an offence punishable on conviction by a fine not exceeding 100 penalty units.