Document ID: chunk:federal_register_of_legislation:F2021L01524:body:0:p55
Version: federal_register_of_legislation:F2021L01524
Segment Type: other
Provision Reference: 
Character Range: 134747–137576

in the maintenance activity: see s 6.31, situation 1.
 (3) The carrier must comply with any agreement made with the objector.
6.33 Changes to maintenance activity
 (1) If the objection is not resolved by agreement within 20 business days after receiving the objection, the carrier must consider whether to change the maintenance activity.
 (2) The carrier is not required to change the activity in a way that:
 (a) is not economically feasible; or
 (b) is not technically practicable; or
 (c) is likely to have a greater adverse effect on the environment than engaging in the activity as originally proposed; or
 (d) is inconsistent with a recognised industry standard or practice relevant to the activity.
 (3) Within 25 business days after receiving the objection, the carrier must tell the objector, in writing:
 (a) whether the carrier proposes to change the activity, and, if so, how; and
 (b) if the carrier does not propose to change the activity — why the carrier will engage in the activity as originally proposed.
 (4) If the Telecommunications Industry Ombudsman has issued a document explaining how the carrier is to deal with the objector under subsection (3), the carrier must comply with the document.
Division 5 Objection made to Telecommunications Industry Ombudsman
6.34 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.
6.35 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 maintenance activity: see s 6.31, situation 2.
6.35A 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 6.22; and
 (b) give written notice to the objector within 2 business days after referring the matter.