151BUACommission gives access to reports

151BUA Commission gives access to reports

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

Criteria for disclosure

(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

(iib) the operation of Part 8 of the Telecommunications Act 1997 (which deals with local access lines); or

(iic) the operation of Part 3 of the Telecommunications (Consumer Protection and Service Standards) Act 1999 (which deals with the funding of fixed wireless broadband and satellite broadband); or

(iid) the operation of the Telecommunications (Regional Broadband Scheme) Charge Act 2020; 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 the regulation of the charges of designated Telstra successor companies);

the Commission may give the carrier or carriage service provider concerned:

(c) a written notice stating that the Commission intends to make copies of the report or extracts, together with other relevant material (if any) specified in the notice, available for inspection and purchase by the public as soon as practicable after the end of the period specified in the notice; or

(d) a written notice stating that the Commission intends to make copies of the report or extracts, together with other relevant material (if any) specified in the notice, available for inspection and purchase:

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

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

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

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

Period specified in notice

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

Criteria for giving notice

(4) In deciding whether to give a notice under subsection (2), the Commission must have regard to: