126When AUSTEL may give directions

##### 126 When AUSTEL may give directions (1) This section applies where a carrier has made a request under section 125 and AUSTEL is satisfied that: (a) the carrier has negotiated in good faith with the other parties to the prescribed arrangement, and has done everything else it reasonably can, in order to become a party to the arrangement on a basis that is not materially different from the basis on which Telecom is such a party; and (b) it is desirable, having regard to the declaration in section 124, for AUSTEL to give directions under this Division in order to put the carrier in the same position, as nearly as practicable, as if it were a party to the arrangement on that basis. (2) AUSTEL may direct a party to the prescribed arrangement to do, or not to do, specified acts that AUSTEL is satisfied the arrangement would provide for that party to do, or not to do, if the applicant were a party to the arrangement on the basis referred to in paragraph (1)(a). (3) Without limiting subsection (2), AUSTEL may, in a direction under that subsection, specify acts by reference to provisions of the arrangement as in force at a particular time or from time to time. (4) AUSTEL may give a direction under subsection (2) even if the prescribed arrangement is not itself legally binding. (5) AUSTEL may direct the requesting carrier or any other person (whether or not a party to the prescribed arrangement) to do, or not to do, specified acts that AUSTEL is satisfied need to be done or prevented in order to give practical effect to a direction under subsection (2). (6) AUSTEL may vary or revoke a direction under subsection (2) or (5). (7) A direction under subsection (2) or (5), or a variation or revocation, must be in writing given to the persons affected by the direction, variation or revocation. (8) A direction under subsection (2) or (5) has effect despite anything in the prescribed arrangement or in any other agreement or arrangement.