Telecommunications Act 1997

If:

a contract or agreement:

is covered by a subsection of section 577BA; and

was in force at the commencement of this section; and

a designated Telstra successor company (the first designated Telstra successor company) is a party to the contract or agreement; and

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 contract or agreement;

another designated Telstra successor company; or

a body corporate that is a related body corporate (within the meaning of the Corporations Act 2001) of the first designated Telstra successor company;

The Minister must not give a direction to a body corporate under subsection (1) unless:

the Minister is satisfied that the action specified in the direction will facilitate the first designated Telstra successor company fulfilling its obligations under the contract or agreement; and

the Minister is satisfied that the body corporate:

has the capability (including the technical, operational and organisational capability) to comply with the direction; or

could reasonably acquire the capability (including the technical, operational and organisational capability) to comply with the direction; and

the body corporate:

is a constitutional corporation; or

carries on a telecommunications business covered by paragraph 581L(1)(a), (b) or (c).

A body corporate must comply with a direction under subsection (1).

Subsection (3) is a civil penalty provision.

Part 31 provides for pecuniary penalties for breaches of civil penalty provisions.

Before the Minister gives or varies a direction under subsection (1), the Minister must consult the ACCC.

Subject to subsection (9), before giving or varying a direction under subsection (1), the Minister must:

make a copy of the draft direction or variation available on the Minister’s website; and

publish a notice on the Minister’s website:

stating that the Minister has prepared the draft; and

inviting interested persons to give written comments about the draft to the Minister within the period specified in the notice.

The period specified in the notice must run for at least 30 days after the publication of the notice.

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.

If the Minister is satisfied that compliance with subsection (6) in relation to giving or varying a direction could reasonably be expected to prejudice the commercial interests of a person:

subsection (6) does not apply to giving or varying the direction; and

before giving or varying the direction, the Minister must give each affected company:

a copy of the draft direction or variation; and

a notice inviting the affected company to give written comments about the draft to the Minister within the period specified in the notice.

The period specified in the notice must run for at least 30 days after the giving of the notice.

If affected companies have given comments in accordance with a notice under subsection (9), the Minister must have due regard to those comments in making or varying the direction.

For the purposes of the application of this section to a direction that relates to a contract or agreement or to a variation of such a direction, each of the following is an affected company:

a body corporate that is a party to the contract or agreement;

a body corporate that is, or will be, subject to the direction.