TELECOMMUNICATIONS ACT 1997 - SECT 338 ACMA's certification of draft agreement

TELECOMMUNICATIONS ACT 1997 - SECT 338

  (1)   The ACMA may certify a draft agreement if the ACMA is of the opinion that the draft agreement is reasonable.

  (2)   On being certified, the draft agreement becomes a certified agreement .

  (3)   In deciding whether to certify a draft agreement, the ACMA must have regard to whether the draft agreement deals with the following matters in a reasonable way:

  (a)   consultation with a defence authority about maintenance, installation, modification and removal of telecommunications networks or facilities;

  (b)   consultation with a defence authority about operational arrangements in times of crisis;

  (c)   the protection of confidential information, including restrictions on the uses to which such information may be put;

  (d)   grants of financial assistance (including conditional grants) by the Commonwealth for purposes relating to:

  (i)   network survivability; or

  (ii)   operational requirements in times of crisis;

    or both.

  (4)   For the purposes of this section, in determining whether a particular matter is reasonable, the ACMA must have regard to:

  (a)   the needs of the Defence Department and of the Defence Force; and

  (b)   the interests of the carrier or carriage service provider concerned.

This subsection does not, by implication, limit the meaning of the expression "reasonable".

  (5)   In deciding whether to certify a draft agreement, the ACMA must consult the parties to the agreement.

  (6)   As soon as practicable after deciding whether to certify a draft agreement, the ACMA must give each of the parties to the agreement a written notice setting out its decision.