Document ID: chunk:federal_register_of_legislation:C2004A00735:clause:1_15b:p1
Version: federal_register_of_legislation:C2004A00735
Segment Type: clause
Provision Reference: sch 1 cl 15B (pt 1/2)
Character Range: 95364–98054

15B  Former digital data service provider may be required to provide information to current digital data service provider

 (1) This section applies if:
 (a) the Minister determines under section 15 that a carrier or carriage service provider (the current provider) is a digital data service provider for a particular area (the relevant area); and
 (b) another person, who is or was a digital data service provider for some or all of the relevant area, is determined to be a former provider under subsection (4).

 (2) This section also applies if:
 (a) either:
 (i) the Minister revokes or varies a determination under section 15 so that a person (the former provider) ceases to be a digital data service provider for a digital data service area (the relevant area); or
 (ii) a person otherwise ceases to be a digital data service provider for a particular area (the relevant area); and
 (b) a person (the current provider), who was also a digital data service provider for some or all of the relevant area, continues to be a digital data service provider for some or all of the area:
 (i) if subparagraph (a)(i) applies—after the revocation or variation; or
 (ii) if subparagraph (a)(ii) applies—after the cessation.

 (3) Subsections (1) and (2) can apply before the determination, revocation or variation under section 15 or the cessation takes effect.

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

 (5) 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 (6). 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 became a digital data service provider for the relevant area; or
 (ii) the day on which the determination under subsection 15(1) or (2) was made in respect of the current provider; or
 (b) if subsection (2) applies—the day on which the former provider ceases to be a digital data service provider for the relevant area.

 (6) The information that may be required to be given must be information that will assist the current provider in doing something that the current provider is or will be required or permitted to do by or under a provision of this Part. The notice must identify the doing of that thing as the purpose for which the information is required.

Note 1: If, for example, information about service location and customer contact details will assist the current provider in fulfilling its obligation under subsection 15A(4) or (5),