13Network operators must measure and report on performance

13 Network operators must measure and report on performance

13 Network operators must measure and report on performance

(1) A network operator must measure performance against the operator’s safety management system.

(2) A network operator must—

(a) publish the results of the operator’s performance measurements annually, and

(b) ensure that a copy of the results—

(i) is kept at the operator’s principal office, and

(ii) is made available in a way that, as far as practicable, is likely to bring the results to the notice of the operator’s customers and the public.

Maximum penalty—

(a) for a corporation—250 penalty units, or

(b) otherwise—100 penalty units.

(3) A network operator must, before publishing the results of the operator’s performance measurements, give the Tribunal written notice of—

(a) the operator’s intention to publish the results, and

(b) the date from which the operator proposes to make the performance measurements available under subsection (2)(b).

Maximum penalty—

(a) for a corporation—100 penalty units, or

(b) otherwise—25 penalty units.

(4) The Tribunal may exempt a network operator from subsections (2) and (3) if satisfied that compliance with the requirements of the subsections would not be in the public interest.