Carrier or carriage service provider gives access to Ministerially‑directed periodic reports
151BUDC Carrier or carriage service provider gives access to Ministerially‑directed periodic reports
This section applies to a particular series of Ministerially‑directed periodic reports that are required to be prepared by a carrier, or a carriage service provider, in accordance with the record‑keeping rules.
Disclosure direction
The Commission may give the carrier or provider:
a written direction requiring it to make copies of each of the reports in that series or copies of particular extracts from each of the reports in that series, together with other relevant material (if any) specified in the direction, available:
to the public; and
in the manner specified in the direction; and
by such times as are ascertained in accordance with the direction; or
a written direction requiring it to make copies of each of the reports in the series or copies of particular extracts from each of the reports in the series, together with other relevant material (if any) specified in the direction, available:
to such persons as are specified in the direction; and
on such terms and conditions (if any) as are specified in the direction; and
in the manner specified in the direction; and
by such times as are ascertained in accordance with the direction.
For example, a direction under paragraph (2)(a) could require that each report in a particular series of quarterly reports be made available by the 28th day after the end of the quarter to which the report relates.
For specification by class, see subsection 33(3AB) of the Acts Interpretation Act 1901.
A direction under paragraph (2)(b) is also taken to require the carrier or provider to take reasonable steps to inform the persons who access the copies of the report or extracts of the terms and conditions (if any) that are specified in the direction.
Direction to give information about availability of report
If the Commission gives the carrier or provider a direction under paragraph (2)(a), the Commission may also give it a written direction requiring it to take such action as is specified in the direction to inform the public:
that each of those reports is, or extracts are, available; and
of the way in which those reports or extracts may be accessed.
If the Commission gives the carrier or provider a direction under paragraph (2)(b), the Commission may also give it a written direction requiring it to take such action as is specified in the direction to inform the persons specified in the paragraph (2)(b) direction:
that each of those reports is, or extracts are, available; and
of the way in which those reports or extracts may be accessed.
Compliance with terms and conditions
If, in accordance with a direction under paragraph (2)(b), a person accesses a copy of the report or extracts, the person must comply with the terms and conditions (if any) that are specified in the direction.
Offences
A person commits an offence if:
the person is subject to a direction under subsection (4) or (5); and
the person omits to do an act; and
the omission breaches the direction.
Penalty: 20 penalty units.
A person commits an offence if:
the person is subject to a requirement under subsection (6); and
the person does an act or omits to do an act; and
the act or omission breaches the requirement.
Penalty: 100 penalty units.
Exercise of power by Commission
The Commission may only exercise a power under this section as required by a direction in force under section 151BUAA.
Application of section 151BUC
This section does not limit section 151BUC.
Application of section 151BUDB
Section 151BUDB does not limit this section.
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