Document ID: chunk:federal_register_of_legislation:C2004A00735:clause:1_11b:p2
Version: federal_register_of_legislation:C2004A00735
Segment Type: clause
Provision Reference: sch 1 cl 11B (pt 2/3)
Character Range: 32555–35123

information of the kind referred to in subsection (4). 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 universal service provider for the relevant area; or
 (ii) the day on which the determination under section 12A was made, or the approval under section 13B was given, (as the case may be) in respect of the current provider; or
 (b) if subsection (2) applies—the day on which the former provider ceases to be a universal service provider for the relevant area.

 (4) 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 12C(1), the former provider may be required to provide that kind of information.

Note 2: See also subsection (6), which allows the Minister to determine that a specified kind of information is information referred to in this subsection.

 (5) If a requirement made by a notice under subsection (3) is reasonable, the former provider must comply with the requirement as soon as practicable after receiving the notice. However, if the requirement is unreasonable, the former provider does not have to comply with it.

 (6) The Minister may make a written determination to the effect that, either generally or in a particular case, information of a kind specified in the determination is taken to be information that will assist a person in doing a specified thing that the person is or will be required or permitted to do by or under a provision of this Part. The determination has effect accordingly.

 (6A) If a former provider has been given notice of a requirement under subsection (3), the ACA may, in writing, direct the former provider to comply with the requirement or with specified aspects of the requirement. The former provider must comply with the direction.

 (6B) In deciding whether to give a direction under subsection (6A), the ACA must consider whether the requirement under subsection (3) is reasonable.

 (7) A determination under subsection (6) is a disallowable instrument for the purposes of section 46A of the Acts Interpretation Act 1901.