Document ID: chunk:federal_register_of_legislation:F2023C00244:body:0:p26
Version: federal_register_of_legislation:F2023C00244
Segment Type: other
Provision Reference: 
Character Range: 79600–82860

(9)  Termination or expiry of an access agreement does not
           operate as a waiver of any breach by a Carrier of any of its
           provisions and is without prejudice to any rights, liabilities
           or obligations of any Carrier which have accrued up to the
           date of the termination or expiry, including a right of
           indemnity. Carriers must negotiate whether the termination
           of a Master Access Agreement should cause the termination
           of a site-specific facilities access agreement.

           (10)Without prejudice to the Carriers' rights upon termination
           or expiry of an access agreement, the First Carrier must
           refund to the Second Carrier a fair and equitable proportion
           of those sums paid under an access agreement by the
           Second Carrier which are periodic in nature and have been
           paid for an Eligible Facility for a period extending beyond
           the date on which an access agreement terminates or
           expires, provided there are no invoices outstanding from the
           Second Carrier to the First Carrier.

           (11)Pursuant to sub-clause 5.8(10), in the event of a dispute
           in relation to the calculation or quantum of a fair and
           equitable proportion of the sums paid under an access
           agreement, Carriers must engage in dispute resolution,
           as set out in Chapter 2 of the main Code.

           (12)The First Carrier must include, in any access agreement, an
           obligation imposed upon itself that, prior to the withdrawal
           by the First Carrier of an access agreement, because it is no
           longer providing or is proposing to no longer own or operate
           an Eligible Facility, it will provide notice of withdrawal to all
           Second Carriers to whom it is supplying access on that
           Eligible Facility. The notice period must be no less than six
           months, provided always that the notice of the decision to
           withdraw is provided on an equivalent basis to that on
           which the First Carrier provides notice of that decision to
           itself. During the notice period, the Second Carrier may
           identify and request the supply of an existing substitute
           Eligible Facility and the First Carrier must consider that
           request in good faith.

            5.9  Native Title

           (1)  This Code recognises that Eligible Facilities may be subject
           to a claim under native title or heritage laws (a Claim).

           (2)  In the event that a Claim is made in respect of an Eligible
           Facility to which access has been granted, then the First
           Carrier and the Second Carrier(s) must:

              (a)  reasonably cooperate with each other to resolve the
              Claim;

              (b)  contribute to the costs and expenses of resolving the
              Claim, including any payments or liabilities, in
              proportion to the space in or on the Eligible Facility
              occupied or used by each Carrier; and

              (c)  negotiate, in good faith, any amendments or variations
              (including if required