Commonwealth Numbered Acts

TELECOMMUNICATIONS (CONSUMER PROTECTION AND SERVICE STANDARDS) ACT 1999 - SECT 72

(a) a person who is a universal service provider in relation to a financial year;

(aa) a person who is a digital data service provider in relation to a financial year;

(b) a person who is a participating carrier in relation to a financial year.

(3) The ACA must comply with a request as provided for in section 73. This section has effect subject to subsection (4).

(4) The ACA must not, under this section, make available to an eligible person (in this section called the first eligible person ) information, or so much of a document as sets out information:

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

(b) the making available of which to the first eligible person can reasonably be expected to cause substantial damage to the other eligible person's commercial or other interests;

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

(d) in the case of a request under paragraph 71(1)(a) or (b)--that:

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

(ii) having regard to the policy principles in section 9, the first eligible person'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 85, as the case requires, has been assessed outweighs the other eligible person's interest in avoiding the damage referred to in paragraph (b); or

(e) in the case of a request under paragraph 71(1)(c)--that:

(i) the first eligible person has made the request in good faith for the sole purpose of informing itself about the basis on which, or the methods by which, the ACA made the decision to make the declaration concerned; and

(ii) having regard to the policy principles in section 9, the first eligible person's interest in being able to examine that decision outweighs the other eligible person's interest in avoiding the damage referred to in paragraph (b).

(a) whether any undertakings have been given under subsection (6) and, if so, the nature of those undertakings; and

(b) such other matters (if any) as the ACA considers relevant.

Note: Information, documents or persons may be specified by name, by inclusion in a class or in any other way.