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Tuesday, 6 June 1989
Page: 3471

Senator ALSTON(8.42) —by leave-I move:

(37) Page 35, subclause 94 (2), lines 1 to 4, leave out the subclause.

(38) Page 36, after clause 97, insert the following new clause:

Equality of access to network

and customer information

``97a. (1) A carrier shall provide equal access and level of network functionality to all aspects of the reserved infrastructure.

``(2) A carrier shall not make available to its own competitive enterprises or joint venture partners:

(a) any information acquired in the course of providing reserved services to a provider of value added services or private network services; or

(b) any other information acquired in the course of providing reserved services, being information that is not made available to the public generally.''.

(39) Page 37, after subclause 98 (3), insert the following new subclauses:

``(3a) A carrier shall publish in the Gazette once in each calendar year, a statement of any bulk discounting rules, and within 14 days of any variations, any variations of such rules, that the carrier applies to the supply of reserved services.

``(3b) Any bulk discounted price offered by a carrier shall be cost-based and available to all persons on an equal basis.''.

(40) Page 37, after clause 99, insert the following new clause in Division 4:


``99a. (1) A carrier who contravenes or proposes to contravene section 97 or 98 and an aggrieved person may agree, in writing, to refer any dispute that has arisen or may arise between them, to AUSTEL for settlement.

``(2) The carrier and the aggrieved person (``the parties'') shall be treated by AUSTEL with equality and each of the parties shall be given a full opportunity of presenting its case.

``(3) AUSTEL shall inquire into the dispute and issue a determination to the parties.

(41) Page 38, clause 101, lines 10 to 17, leave out the clause, insert the following clause:

Accounting requirements

``101. A carrier shall maintain its accounts and records so as to enable:

(a) its activities relating to the supply by the carrier of public reserved services;

(b) its activities relating to the supply by the carrier of leased circuit services;

(c) the costs of meeting community service obligations (if any);

(d) the costs of, and prices charged for, reserved services used in the carrier's competitive activities; and

(e) its other activities;

to be separately identified.

Amendment No. 37 seeks to delete clause 94 (2). This provides for a value added service or a private network service not to be taken to be supplied under a class licence even though no declaration in respect of the service has been given or has effect under section 91. That seems to us to be quite a nonsensical provision because it effectively allows Austel to disregard all of the provisions that precede the presumably considered making of a declaration. We wish to know why it is that in that situation Austel should be in a position where it can simply ignore the declaration. We ask the Minister accordingly to explain that provision.