Commonwealth Numbered Acts

TELECOMMUNICATIONS ACT 1997 No. 47 of 1997 - SECT 387

(1) The ACA must not make a standard under section 384 relating to a
particular matter unless:

   (a)  the ACA has given a body or association a written notice requesting
        the body or association to make a standard relating to that matter
        within the period specified in the notice; and

   (b)  one of the following subparagraphs applies:

        (i)    the body or association does not comply with the request;

        (ii)   the body or association complies with the request, but the ACA
               is not satisfied that the body's or association's standard
               deals with that matter in an adequate way;

        (iii)  the body or association complies with the request, but the ACA
               is not satisfied that the body's or association's standard is
               operating adequately.

(2) The period specified under paragraph (1)(a) must run for at least 120 days
after the notice was given.

(3) In making a decision under subparagraph (1)(b)(ii) or (iii), the ACA must
have regard to:

   (a)  whether the body's or association's standard is likely to promote the
        long-term interests of end-users of carriage services and of services
        supplied by means of carriage services; and

   (b)  whether the body's or association's standard is likely to reduce or
        eliminate the likelihood of hindrance to the provision of access to
        declared services.

(4) Subsection (3) does not, by implication, limit the matters to which the
ACA may have regard.

(5) Before making a decision under subparagraph (1)(b)(ii) or (iii), the ACA
must consult the ACCC.