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COMPETITION AND CONSUMER ACT 2010 - SECT 151BUA

Commission gives access to reports

             (1)  This section applies to a particular report given to the Commission by a carrier, or a carriage service provider, in accordance with the record-keeping rules.

Criteria for disclosure

             (2)  If the Commission is satisfied that the disclosure of the report, or the disclosure of particular extracts from the report, would be likely to:

                     (a)  promote competition in markets for listed carriage services; or

                     (b)  facilitate the operation of:

                              (i)  this Part (other than this Division); or

                             (ii)  Part XIC (which deals with access); or

                           (iia)  the National Broadband Network Companies Act 2011 or regulations under that Act; or

                            (iii)  Division 3 of Part 20 of the Telecommunications Act 1997 (which deals with Rules of Conduct relating to dealings with international telecommunications operators); or

                            (iv)  Part 9 of the Telecommunications (Consumer Protection and Service Standards) Act 1999 (which deals with regulation of Telstra's charges);

the Commission may give the carrier or carriage service provider concerned:

                     (c)  a written notice stating that the Commission intends to make copies of the report or extracts, together with other relevant material (if any) specified in the notice, available for inspection and purchase by the public as soon as practicable after the end of the period specified in the notice; or

                     (d)  a written notice stating that the Commission intends to make copies of the report or extracts, together with other relevant material (if any) specified in the notice, available for inspection and purchase:

                              (i)  by such persons as are specified in the notice; and

                             (ii)  on such terms and conditions (if any) as are specified in the notice;

                            as soon as practicable after the end of the period specified in the notice.

Note:          For specification by class, see subsection 33(3AB) of the Acts Interpretation Act 1901 .

Period specified in notice

             (3)  The period specified in a notice under subsection (2) must run for at least 28 days after the notice was given.

Criteria for giving notice

             (4)  In deciding whether to give a notice under subsection (2), the Commission must have regard to:

                     (a)  the legitimate commercial interests of the carrier or carriage service provider concerned; and

                     (b)  such other matters as the Commission considers relevant.

Consultation before giving notice

             (5)  The Commission must not give the carrier or carriage service provider concerned a notice under subsection (2) unless the Commission has first:

                     (a)  given the carrier or carriage service provider a written notice:

                              (i)  setting out a draft version of the notice under subsection (2); and

                             (ii)  inviting the carrier or carriage service provider to make a submission to the Commission on the draft by a specified time limit; and

                     (b)  considered any submission that was received within that time limit.

The time limit specified in a notice under paragraph (a) must be at least 28 days after the notice was given.

Public access

             (6)  If the Commission gives the carrier or carriage service provider concerned a notice under paragraph (2)(c), the Commission:

                     (a)  must make copies of the report or extracts, together with the other material (if any) specified in the notice, available for inspection and purchase by the public as soon as practicable after the end of the period specified in the notice; and

                     (b)  may also give a written direction to the carrier or carriage service provider concerned requiring it to take such action as is specified in the direction to inform the public, or such persons as are specified in the direction, that the report is, or the extracts are, so available.

Note:          For specification by class, see subsection 33(3AB) of the Acts Interpretation Act 1901 .

             (7)  A person must comply with a direction under paragraph (6)(b).

Limited access

             (8)  If the Commission gives the carrier or carriage service provider concerned a notice under paragraph (2)(d), the Commission must:

                     (a)  make copies of the report or extracts, together with the other material (if any) specified in the notice, available for inspection and purchase by the persons specified in the notice as soon as practicable after the end of the period specified in the notice; and

                     (b)  take reasonable steps to inform the persons who inspect or purchase copies of the report or extracts of the terms and conditions (if any) that are specified in the notice.

             (9)  If, in accordance with subsection (8), a person inspects or purchases a copy of the report or extracts, the person must comply with the terms and conditions (if any) that are specified in the notice concerned.

Offences

           (10)  A person who contravenes subsection (7) commits an offence punishable on conviction by a fine not exceeding 20 penalty units.

           (11)  A person who contravenes subsection (9) commits an offence punishable on conviction by a fine not exceeding 100 penalty units.



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