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COMPETITION AND CONSUMER ACT 2010 - SECT 151BUB

Carrier or carriage service provider gives access to reports

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

Disclosure direction

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

                     (d)  a written direction requiring it to make copies of the report or extracts, together with other relevant material (if any) specified in the direction, available for inspection and purchase:

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

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

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

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

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

             (4)  A direction under paragraph (2)(d) is also taken to require the carrier or carriage service provider concerned to 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 direction.

Criteria for giving direction

             (5)  In deciding whether to give a direction 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 direction

             (6)  The Commission must not give the carrier or carriage service provider concerned a direction 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 direction; 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 the notice must be at least 28 days after the notice was given.

Direction to give information about availability of report

             (7)  If the Commission gives the carrier or carriage service provider concerned a direction under paragraph (2)(c), the Commission may also give it a written direction requiring it to take such action as is specified in the direction to inform the public that the report is, or extracts are, available for inspection and purchase.

             (8)  If the Commission gives the carrier or carriage service provider concerned a direction under paragraph (2)(d), the Commission may also give it a written direction requiring it to take such action as is specified in the direction to inform the persons specified in the paragraph (2)(d) direction that the report is, or the extracts are, available for inspection and purchase.

             (9)  A person must comply with a direction under subsection (7) or (8).

Reasonable charge

           (10)  The price charged by the carrier or carriage service provider concerned for the purchase of a copy of the report or extracts and the other material (if any) must not exceed the reasonable costs incurred by the carrier or carriage service provider concerned in making the copy of the report or extracts and the other material (if any) available for purchase.

Compliance with terms and conditions

           (11)  If, in accordance with a direction under paragraph (2)(d), 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 direction.

Offences

           (12)  A person who contravenes subsection (9) commits an offence punishable on conviction by a fine not exceeding 20 penalty units.

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

Section 151BUC does not limit this section

           (14)  Section 151BUC does not limit this section.



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