146Application for registration

146 Application for registration

(1) A party to an access agreement may, by writing accompanied by a copy of the agreement, apply to AUSTEL for registration of the agreement under this Division. (2) If AUSTEL is satisfied that:

(a) the agreement was made for the purposes of either or both of subsections 137(2) and (3) and contains only terms and conditions dealing with some or all of the matters described in subsection 154(5); or

(b) the agreement was made for the purposes of one or more supplementary access conditions of a licence or licences and contains only terms and conditions reasonably necessary for the purposes of complying with the condition or conditions; or

(c) the agreement:

(i) was made as mentioned in paragraph (a) and also as mentioned in paragraph (b); and

(ii) contains only terms and conditions of a kind referred to in paragraph (a) and terms and conditions of a kind referred to in paragraph (b);

then, subject to subsection (3) of this section and to sections 149 and 150, AUSTEL must:

(d) register the agreement by including a copy of it in the public part of the register; and

(e) give to each party to the agreement written notice of the registration.

(3) AUSTEL may refuse the application if it is satisfied that:

(a) the agreement is, or registration of the agreement under this Division would be, detrimental to achieving the objects of this Part; or

(b) the agreement was made in contravention of this Act, or of an obligation imposed under this Act; or

(c) giving effect to the agreement would involve a contravention of this Act, or of an obligation imposed under this Act.

(4) If subsection (2) does not apply, AUSTEL must refuse the application. (5) If it refuses the application, AUSTEL must:

(a) give to each party to the agreement a written notice:

(i) stating that the application is refused; and

(ii) setting out the reasons for the refusal; and

(b) return to the applicant the copy of the agreement that accompanied the application.