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TELECOMMUNICATIONS ACT 1991 No. 98 of 1991 - SECT 149
Effect of direction to include material in the confidential part
149. (1) This section applies where AUSTEL directs under subsection 148 (2)
that a copy of the whole, or of a specified part, of an agreement be included
in the confidential part of the register.
(2) Subject to section 150, if the agreement is not already registered, AUSTEL
must register it by:
(a) including in the confidential part of the register a copy of the
whole, or of the specified part, as the case may be, of the agreement;
and
(b) unless AUSTEL includes in the confidential part a copy of the whole of
the agreement - including in the public part of the register a copy of
the remainder of the agreement.
(3) If the agreement is already registered, AUSTEL must:
(a) include in the confidential part of the register a copy of the whole,
or of the specified part, as the case may be, of the agreement; and
(b) unless AUSTEL includes in the confidential part a copy of the whole of
the agreement - include in the public part of the register a copy of
the remainder of the agreement; and
(c) remove from the public part the copy of the whole, or each copy of a
part, as the case requires, of the agreement that was included in the
public part before AUSTEL complied with paragraph (b).
(4) On complying with subsection (2) or (3), AUSTEL must give to each party to
the agreement written notice of what it has done.
(5) On complying with subsection (2) or (3), AUSTEL must include in the public
part of the register a notice that:
(a) specifies the agreement and the parties to it; and
(b) states that the whole or a part, as the case may be, of the agreement
has been included in the confidential part of the register; and
(c) summarises what the agreement, or that part of it, as the case may be,
is about, but without disclosing any matter that AUSTEL considers to
be confidential.
(6) An agreement is taken to be registered under this Division for so long as
a copy of the whole, or of a part, of the agreement is included in the public
part, or the confidential part, of the register.
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