Commonwealth Numbered Acts

TELECOMMUNICATIONS ACT 1989No. 53, 1989 - SECT 79

79. (1) Where AUSTEL proposes to vary a class licence so that:

   (a)  a value added service or a private network service that is permitted
        to be supplied under the licence would no longer be so permitted; or

   (b)  the conditions under which a value added service or a private network
        service is permitted to be supplied under the licence would become
        more onerous on a supplier of the service; the following provisions of
        this section apply.

(2) Before varying a class licence, AUSTEL shall, by notice in writing,
published under subsection (5):

   (a)  state that it proposes to vary the class licence specified in the
        notice; (b) state the subject matter of the variation;

   (c)  specify a place or places at which copies of the licence, and of the
        proposed variation to the licence, may be bought;

   (d)  invite interested persons to make representations concerning the
        proposed variation by the date, not being less than 1 month after the
        date of publication of the notice, specified in the notice; and

   (e)  specify an address or addresses to which representations concerning
        the proposed variation may be sent.

(3) A person may, not later than the date specified in the notice, make
representations to AUSTEL concerning the proposed variation.

(4) AUSTEL shall, before varying a class licence, give due consideration to
any representations so made.

(5) A notice shall be taken to have been published under this subsection if:

   (a)  it is published in the Gazette; and

   (b)  where regulations made for the purposes of this subsection provide for
        additional requirements in relation to the publication of notices-it
        is published in accordance with those additional requirements.

(6) Failure to comply strictly with subsection (2) does not affect the
validity of the notice, or the validity of a variation of a class licence, if
the requirements of that subsection are substantially complied with.