Commonwealth Numbered Acts

TELECOMMUNICATIONS ACT 1991 No. 98 of 1991 - SECT 70

70. (1) The Minister, acting on the Commonwealth's behalf, may make a written
agreement with a carrier about the exercise of one or more of the following:

   (a)  the power to grant a licence under section 57;

   (b)  the power to make under section 64 an instrument relating to:

   (i)  in any case - all licences; or

   (ii) if the carrier is a general carrier - all general telecommunications
        licences; or

   (iii) if the carrier is a mobile carrier - all public mobile licences;

   (c)  the power to make under section 65 an instrument relating to a licence
        held by the carrier.

(2) Without limiting subsection (1), an agreement under that subsection may
prevent or restrict, either generally or as otherwise provided in the
agreement, the exercise of a power, for example, by providing:

   (a)  that the power may only be exercised in a particular way or in
        particular circumstances; or

   (b)  that a particular licence condition is not to be varied.

(3) Without limiting subsection (1), an agreement under that subsection may
provide that if a power to which the agreement relates is exercised in a way
that contravenes the agreement, the Commonwealth must pay to the carrier an
amount specified in, or worked out in accordance with, the agreement.

(4) The Minister, acting on the Commonwealth's behalf, and the other party to
an agreement in force under this section may agree in writing to vary or
terminate the agreement.

(5) Subsection (4) does not prevent an agreement from being discharged or
terminated otherwise than under that subsection, for example:

   (a)  in accordance with the terms of the agreement itself; or

   (b)  for breach of the agreement.

(6) Where an agreement is in force under this section, the Minister must
exercise in accordance with the agreement the power, or each power, to which
the agreement relates.

(7) Where an agreement in force under this section provides as mentioned in
subsection (3):

   (a)  an amount may become payable under the provision whether or not the
        amount represents a reasonable estimate of the loss or damage that the
        carrier is likely to suffer because the power concerned was exercised
        in a way that contravened the agreement; and

   (b)  if an amount becomes payable under the provision - the Commonwealth
        must pay that amount to the carrier.

(8) As soon as practicable after the day on which this Act receives the Royal
Assent, the Minister shall cause to be laid before each House of the
Parliament a copy of a form of agreement with carriers about licences.

(9) The Minister must cause a copy of each agreement under subsection (1) or
(4) to be laid before each House of the Parliament within 15 sitting days of
that House after the agreement is made, but failure to do so does not affect
the validity of an agreement.