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COMPETITION AND CONSUMER ACT 2010 - SECT 151BUC

Carrier or carriage service provider gives access to periodic reports

             (1)  This section applies to a particular series of periodic reports that are required to be 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 each of the reports in that series, or the disclosure of particular extracts from each of the reports in that series, 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 each of those reports or extracts, together with other relevant material (if any) specified in the direction, available for inspection and purchase by the public by such times as are ascertained in accordance with the direction; or

                     (d)  a written direction requiring it to make copies of each of those reports 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;

                            by such times as are ascertained in accordance with the direction.

Note 1:       For example, a direction under paragraph (2)(c) could require that each report in a particular series of quarterly reports be made available by the 28th day after the end of the quarter to which the report relates.

Note 2:       For specification by class, see subsection 33(3AB) of the Acts Interpretation Act 1901 .

             (3)  In the case of the first report in the series (or extracts from that report), the applicable time ascertained in accordance with a direction under subsection (2) must be later than the 28th day after the day on which 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 reports

             (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 each of those reports 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 each of those reports 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.



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