Document ID: chunk:federal_register_of_legislation:F2023C00244:body:0:p7
Version: federal_register_of_legislation:F2023C00244
Segment Type: other
Provision Reference: 
Character Range: 19596–23022

disclosure is made to a third party which is the
           Commonwealth or a State Government or a statutory
           authority in compliance with a requirement imposed
           by statute.

           (7)  First and Second Carriers must cooperate to:

         (a)  protect the confidentiality of the other Carrier's
              Confidential Information; or

              (b) enforce rights in relation to its Confidential Information.

           (8)  Confidential Information provided by a First or Second
           Carrier to the other Carrier with which it is engaged in
           relation to facilities access is provided for the benefit of that
           other Carrier only. First and Second Carriers must
           acknowledge that no warranty is to be given by a Disclosing
           Carrier that Confidential Information is or will be correct.

            2.2  Non-discriminatory access to Eligible
            Facilities
           (1)  Carriers must, in relation to the provision of access to
           Eligible Facilities, as far as practicable, treat other Carriers
           on a non-discriminatory basis. For a First Carrier, this would
           include taking all reasonable steps to ensure that, as far as
           practicable, having regard to its legitimate business interests
           and the interests of third parties, that the Second Carrier
           receives timely provision of access that is equivalent to that
           which the First Carrier provides to itself.

           (2)  The non-discrimination principles referred to in
           sub-paragraph 2. 2(1) do not apply to the extent that it is not
           reasonably practicable for parties to receive equivalent
           access. In such circumstances, the First Carrier must ensure
           that access is provided in a manner consistent with the
           queuing policy principles set out in clause 2.3 of the main
           Code.

           (3)  The non-discrimination principles are not intended to limit
           a Second Carrier's ability to obtain, on request, access of
           a lower quality than that which the First Carrier provides
           to itself, subject to technical feasibility.

           (4)  The non-discrimination principles are not intended to limit
           a Second Carrier's ability to obtain, on request, access of
           a superior quality than that which the First Carrier provides
           to itself, provided always that the First Carrier will not be
           required to accept such a request.
            2.3  Queuing policy

    (1) The First Carrier must develop a queuing policy for
           applications for the supply of access to an Eligible Facility.

           (2)  Subject to the legislative requirements of Part 5 to provide
           access to Second Carriers, the queuing policy must include
           the First Carrier's applications and orders.

           (3)  The queuing policy must be consistent with the following
           principles:
              (i)  the queuing policy of the First Carrier must be
              non-discriminatory; and
             (ii)  subject to paragraph (i) above, the First Carrier must
              seek to maximise the efficiency of its queuing policy. Subject to sub-clauses (7) and (8), this includes a requirement that a Facilities Access Application must be removed from the queue for a Tower