151BUCCarrier or carriage service provider gives access to periodic reports

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

(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 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.