142Access agreements must be varied when charging principles change

##### 142 Access agreements must be varied when charging principles change (1) This section applies where: (a) while an access agreement is in force: (i) a determination is made under section 140 in relation to charges payable under the agreement; or (ii) a determination in force under section 140 in relation to such charges is varied; and (b) the agreement is not in accordance with the determination, or the determination as varied, as the case may be; and (c) at the end of 90 days after the day when the determination was made or varied, the agreement: (i) is still in force (whether in the same or a different form); and (ii) is still not in accordance with the determination, or the determination as varied, as the case may be. (2) After the end of those 90 days the agreement is unenforceable (as provided for in section 396). (3) In counting those 90 days, a day must be disregarded if it is part of a period that: (a) began on the day when a party to the agreement gave to AUSTEL a notice under subsection 141(2) in relation to a proposed variation of the agreement; and (b) ended on the day when AUSTEL gave to that party a notice under subsection 141(3) in relation to the agreement as proposed to be varied.