21ADirections—facilitation of Telstra USO Performance Agreement

#### 21A Directions—facilitation of Telstra USO Performance Agreement (1) If: (a) a designated Telstra successor company (the first designated Telstra successor company) is a party to the section 14 contract known as the Telstra USO Performance Agreement; and (b) the Minister is satisfied that the first designated Telstra successor company has failed, is failing, or is likely to fail, to fulfil its obligations under the Telstra USO Performance Agreement; the Minister may give: (c) Telstra Limited; or (d) another designated Telstra successor company; or (e) a body corporate that is a related body corporate (within the meaning of the Corporations Act 2001) of the first designated Telstra successor company; a written direction: (f) to do a specified act or thing; or (g) not to do a specified act or thing. (2) The Minister must not give a direction to a body corporate under subsection (1) to do an act or thing unless: (a) the Minister is satisfied that the act or thing will facilitate the first designated Telstra successor company fulfilling its obligations under the Telstra USO Performance Agreement; and (b) the Minister is satisfied that the body corporate: (i) has the capability (including the technical, operational and organisational capability) to comply with the direction; or (ii) could reasonably acquire the capability (including the technical, operational and organisational capability) to comply with the direction; and (c) the body corporate: (i) is a constitutional corporation; or (ii) carries on a telecommunications business covered by paragraph 581L(1)(a), (b) or (c). (3) The Minister must not give a direction to a body corporate under subsection (1) not to do an act or thing unless: (a) the Minister is satisfied that not doing the act or thing will facilitate the first designated Telstra successor company fulfilling its obligations under the Telstra USO Performance Agreement; and (b) the Minister is satisfied that the body corporate: (i) has the capability (including the technical, operational and organisational capability) to comply with the direction; or (ii) could reasonably acquire the capability (including the technical, operational and organisational capability) to comply with the direction; and (c) the body corporate: (i) is a constitutional corporation; or (ii) carries on a telecommunications business covered by paragraph 581L(1)(a), (b) or (c) of the Telecommunications Act 1997. Compliance with requirement (4) A body corporate must comply with a direction under subsection (1). Civil penalty (5) Subsection (4) is a civil penalty provision. > Note: Part 31 provides for pecuniary penalties for breaches of civil penalty provisions. Consultation (6) Before giving or varying a direction under subsection (1), the Minister must: (a) make a copy of the draft direction or variation available on the Minister’s website; and (b) publish a notice on the Minister’s website: (i) stating that the Minister has prepared the draft; and (ii) inviting interested persons to give written comments about the draft to the Minister within the period specified in the notice. (7) Subject to subsection (8), the period specified in the notice must run for at least 30 days after the publication of the notice. (8) The period specified in the notice may be shorter than 30 days if the Minister is satisfied that the shorter period is necessary due to urgent circumstances. (9) If interested persons have given comments in accordance with a notice under subsection (6), the Minister must have due regard to those comments in giving or varying the direction.