213Publication of proposed restrictive variations of class licences

##### 213 Publication of proposed restrictive variations of class licences (1) This section applies where AUSTEL proposes to vary a class licence so that: (a) an eligible service that is permitted to be supplied under the licence would no longer be so permitted; or (b) the conditions under which an eligible service is permitted to be supplied under the licence would become more onerous on a supplier of the service. (2) Before varying the class licence, AUSTEL must, by notice in writing, published under subsection (5): (a) state that it proposes to vary the class licence specified in the notice; and (b) state the subject matter of the variation; and (c) specify a place or places at which copies of the licence, and of the proposed variation to the licence, may be bought; and (d) invite interested persons to make representations concerning the proposed variation by a specified date that is at least 1 month after the date of publication of the notice; and (e) specify an address or addresses to which representations concerning the proposed variation may be sent. (3) A person may, not later than the date specified in the notice, make representations to AUSTEL concerning the proposed variation. (4) AUSTEL must, before varying the class licence, give due consideration to any representations so made. (5) The notice must: (a) be published in the Gazette; and (b) where regulations made for the purposes of this subsection provide for additional requirements in relation to the publication of notices—be published in accordance with those additional requirements. (6) Failure to comply strictly with subsection (2) does not affect the validity of the notice, or the validity of a variation of the class licence, if the requirements of that subsection are substantially complied with.