Telecommunications Act 1997

This section sets out the publication requirements that apply to submissions that:

are about a particular draft; and

were received by a body or association as mentioned in:

subparagraph 117(1)(e)(iii); or

subparagraph 117(1)(f)(iii); or

subparagraph 119A(1)(e)(iii); or

subparagraph 119A(1)(f)(iii).

The body or association must publish those submissions on its website.

Subsection (2) has effect subject to subsections (4) and (6).

If:

a submission made by a person consists wholly or partly of material that is claimed by the person to be confidential or commercially sensitive; and

the person has requested the body or association not to publish the material; and

the body or association is satisfied that the material is confidential or commercially sensitive;

if the submission consists wholly of the material—the body or association is not required to publish the submission on its website; or

if:

the submission consists partly of the material; and

it is practicable for the body or association to remove the material from the submission;

if:

the submission consists partly of the material; and

it is not practicable for the body or association to remove the material from the submission;

If, under subsection (4), the body or association removes material from a submission before publishing the submission on its website, the body or association must publish on its website a statement to the effect that confidential or commercially sensitive material in the submission has not been published.

If the body or association considers that a submission consists wholly or partly of material that is, or is likely to be, defamatory:

if the submission consists wholly of the material—the body or association is not required to publish the submission on its website; or

if:

the submission consists partly of the material; and

it is practicable for the body or association to remove the material from the submission;

if:

the submission consists partly of the material; and

it is not practicable for the body or association to remove the material from the submission;

If, under subsection (6), the body or association removes material from a submission before publishing the submission on its website, the body or association must publish on its website a statement to the effect that material in the submission has not been published on the grounds that the material is, or is likely to be, defamatory.

The body or association must publish on its website a statement that sets out:

the total number of those submissions; and

if a number of those submissions have not been published, or have been published in a modified form, because of subsection (4) or (6)—that number.