Document ID: chunk:federal_register_of_legislation:C2004A00735:clause:1_13k
Version: federal_register_of_legislation:C2004A00735
Segment Type: clause
Provision Reference: sch 1 cl 13K
Character Range: 78111–79854

13K  Approval of draft standard marketing plan

 (1) The ACA must approve, or refuse to approve, a draft standard marketing plan that an applicant for approval as a competing universal service provider gives to the ACA.

 (2) The ACA must not approve the draft unless it is satisfied that:
 (a) the draft specifies appropriate equipment, goods or services that the applicant will supply in fulfilment of the contestable service obligation concerned, so far as it relates to the universal service area concerned; and
 (b) the draft adequately deals with how the applicant will fulfil that contestable service obligation, so far as it relates to that area; and
 (c) the draft sets out appropriate terms and conditions on which the equipment, goods or services are to be supplied; and
 (d) the draft sets out appropriate arrangements for the marketing of the supply of the equipment, goods or services to persons in that area; and
 (e) the draft sets out appropriate procedures that the applicant will comply with if the applicant ceases:
 (i) to supply any of the equipment, goods or services; or
 (ii) to fulfil that contestable service obligation, so far as it relates to that area;
  including the giving of at least 45 days' notice to the ACA, or such other notice as the ACA determines in writing is adequate.

 (3) In deciding whether to approve the draft, the ACA must also have regard to:
 (a) whether the draft complies with the requirements (if any) under section 13G; and
 (b) any other matters determined in writing by the Minister for the purposes of this paragraph; and
 (c) any other matters the ACA considers relevant.

 (4) A copy of a determination made for the purposes of paragraph (3)(b) must be published in the Gazette.