70Agreement with carrier about licences

##### 70 Agreement with carrier about licences (1) The Minister, acting on the Commonwealth’s behalf, may make a written agreement with a carrier about the exercise of one or more of the following: (a) the power to grant a licence under section 57 or 57A; (b) the power to make under section 64 an instrument relating to: (i) in any case—all licences; or (ii) if the carrier is a general carrier—all general telecommunications licences; or (iii) if the carrier is a mobile carrier—all public mobile licences; (c) the power to make under section 65 an instrument relating to a licence held by the carrier. (2) Without limiting subsection (1), an agreement under that subsection may prevent or restrict, either generally or as otherwise provided in the agreement, the exercise of a power, for example, by providing: (a) that the power may only be exercised in a particular way or in particular circumstances; or (b) that a particular licence condition is not to be varied. (3) Without limiting subsection (1), an agreement under that subsection may provide that if a power to which the agreement relates is exercised in a way that contravenes the agreement, the Commonwealth must pay to the carrier an amount specified in, or worked out in accordance with, the agreement. (4) The Minister, acting on the Commonwealth’s behalf, and the other party to an agreement in force under this section may agree in writing to vary or terminate the agreement. (5) Subsection (4) does not prevent an agreement from being discharged or terminated otherwise than under that subsection, for example: (a) in accordance with the terms of the agreement itself; or (b) for breach of the agreement. (6) Where an agreement is in force under this section, the Minister must exercise in accordance with the agreement the power, or each power, to which the agreement relates. (7) Where an agreement in force under this section provides as mentioned in subsection (3): (a) an amount may become payable under the provision whether or not the amount represents a reasonable estimate of the loss or damage that the carrier is likely to suffer because the power concerned was exercised in a way that contravened the agreement; and (b) if an amount becomes payable under the provision—the Commonwealth must pay that amount to the carrier. (8) As soon as practicable after the day on which this Act receives the Royal Assent, the Minister shall cause to be laid before each House of the Parliament a copy of a form of agreement with carriers about licences. (9) The Minister must cause a copy of each agreement under subsection (1) or (4) to be laid before each House of the Parliament within 15 sitting days of that House after the agreement is made, but failure to do so does not affect the validity of an agreement.