Document ID: chunk:federal_register_of_legislation:F2023C00244:body:0:p5
Version: federal_register_of_legislation:F2023C00244
Segment Type: other
Provision Reference: 
Character Range: 12909–16500

(1) Subject to sub-clause 1.2.2(2)-(4), a First and Second Carrier
           may agree, in writing that particular conditions of access to
           Eligible Facilities will prevail over those set out in the Code.

           (2)  Pursuant to sub-clause 1.2.2(1), such an agreement must
           specify which provisions of the Code are to be displaced
           by conditions of access of that agreement.

           (3)  Clauses contained in Chapter 2 of the main Code apply
           notwithstanding any agreement to the contrary.

           (4)  A bi-lateral agreement made pursuant to sub-clause 1.2.2(1)
           cannot displace multi-lateral obligations imposed on Carriers
           by the Code.

Chapter 2.

Mandatory conditions of access

            2.1 Confidential information — all Carriers

           (1)  Subject to sub-clause 2.1(4) and any statutory duties, a First
           Carrier must keep confidential all Confidential Information
           of the Second Carrier and a Second Carrier must keep
           confidential all Confidential Information of the First Carrier
           which:

             (a)  is disclosed, communicated or delivered to it in
              connection with an application or agreement relating
              to access to Eligible Facilities; or

             (b)  comes to its knowledge or into its possession in
              connection with such an application or agreement;

           and must not:

           (c) use or copy such Confidential Information except for
              the purposes of this Code; or

       (d) disclose or communicate, cause to be disclosed
           or communicated or otherwise make available such
           Confidential Information to any third person.

           (2)  Information generated about a First or Second Carrier's
           network or facilities as a result of, or in connection with,
           the provision of access to facilities is the Confidential
           Information of that Carrier.

           (3)  Subject to sub-clause 2.1(4), Confidential Information
           obtained by a First Carrier about a Second Carrier's facilities
           and Confidential Information obtained by a Second Carrier
           about a First Carrier's facilities must only be:

           (a)  used for the technical purpose of undertaking work
           necessary to allow for facilities access or as required by
           the ACMA, the ACCC or an independent expert appointed
           in accordance with this Code; and

           (b)  as far as is reasonably practical, used by technical and
           related personnel directly involved in the facilities
           access task or in accordance with sub-clause 2.1(4).

           (4)  A First or Second Carrier (Disclosing Carrier) may disclose
           the Confidential Information of a Second or First Carrier
           (Other Carrier) respectively:

       (a)  to those of its directors, officers, employees, agents and
              representatives to whom the Confidential Information is
              reasonably required to be disclosed for the purposes of
              a facilities access application or agreement; and

              (b)  to any professional person acting for the Disclosing
              Carrier to the extent necessary to permit that person to
              protect or advise on the rights of the Disclosing Carrier
              in respect of the obligations of the Disclosing Carrier
              under a facilities access agreement; and

              (c)  in connection with legal