141Access agreements must comply with charging principles

##### 141 Access agreements must comply with charging principles (1) This section applies where: (a) a determination is in force under section 140 in relation to charges payable by a carrier or carriers to any other carrier or carriers; and (b) some or all of those carriers propose: (i) to make an access agreement under which charges in relation to which the determination applies would be payable; or (ii) to vary an access agreement under which charges in relation to which the determination applies are payable. (2) The other carrier or carriers must give AUSTEL a written notice setting out: (a) the terms and conditions of the proposed agreement or variation; and (b) the reasons why the proposed agreement, or the agreement as proposed to be varied, as the case may be, is in accordance with the determination. (3) Within 28 days after receiving a notice under subsection (2), AUSTEL must give the other carrier or carriers a written notice stating that, in AUSTEL’s opinion, the proposed agreement, or the agreement as proposed to be varied, as the case may be, is, or is not, as the case requires, in accordance with the determination. (4) AUSTEL may, by written notice given to the other carrier or carriers, extend, or further extend, the period within which AUSTEL must comply with subsection (3). (5) A notice under subsection (4) may be given only if the period, or the period as last extended, as the case may be, has not yet ended. (6) A notice under subsection (4) must state that AUSTEL: (a) needs more time in order to determine whether or not the proposed agreement, or the agreement as proposed to be varied, as the case may be, is in accordance with the determination; and (b) is extending, or further extending, as the case requires, to the end of a specified day the period within which it must comply with subsection (3). (7) The carriers must not make or vary, as the case may be, the agreement unless: (a) AUSTEL gives the other carrier or carriers a written notice stating that AUSTEL is satisfied that the proposed agreement, or the agreement as proposed to be varied, as the case may be, is in accordance with the determination; or (b) AUSTEL fails to comply with subsection (3). (8) An agreement made in contravention of this section is unenforceable (as provided for in section 396). (9) A variation made in contravention of this section is of no effect.