Commonwealth Numbered Acts

TELECOMMUNICATIONS ACT 1991 No. 98 of 1991 - SECT 315

315. (1) A carrier may request AUSTEL to make available to it specified
information or documents of a kind referred to in subsection 314 (1) that
subsection 314 (3) prevents AUSTEL from making available to the carrier under
section 314.

(2) Subject to subsection (3), AUSTEL must comply with a request as provided
for in section 316.

(3) AUSTEL must not, under this section, make available to a carrier (in
this section called the ``first carrier") information, or so much of a
document as sets out information:

   (a)  that was obtained from, or relates to, another carrier; and

   (b)  the making available of which to the first carrier can reasonably be
        expected to cause substantial damage to the other carrier's commercial
        or other interests; unless AUSTEL is satisfied:

   (c)  that the information could be obtained by the first carrier lawfully,
        and without the other carrier's consent, from a source other than
        AUSTEL; or

   (d)  that:

        (i)    the first carrier has made the request in good faith for the
               sole purpose of informing itself about the basis on which, or
               the methods by which, AUSTEL made the assessment concerned; and

        (ii)   having regard to the declarations of policy in section 287, the
               first carrier's interest in being able to examine that basis
               and those methods in order to see how its liability to pay
               levy, or its entitlement to a payment under section 325, as the
               case requires, has been assessed outweighs the other carrier's
               interest in avoiding the damage referred to in paragraph (b).
               ''PRE>









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