Western Australian Current Acts Western Australian Current Acts (1) The regulations or
the Pilbara Networks Access Code may provide that if the disclosure or use of
confidential or commercially sensitive information is authorised by the
regulations or the Pilbara Networks Access Code —
(a) no
civil or criminal liability is incurred in respect of the use or disclosure;
and
(b) the
use or disclosure is not to be regarded as —
(i)
a breach of any duty of confidentiality or secrecy
imposed by law or contract; or
(ii)
a breach of professional ethics or standards or any
principles of conduct applicable to a person’s employment; or
(iii)
unprofessional conduct.
(2) The regulations,
the Pilbara Networks Access Code, an instrument made under the Pilbara
Networks Access Code or an instrument amending any of them, may apply, adopt
or incorporate, with or without modification, material contained in any other
document or writing as in effect or existing —
(a) when
the regulations, Pilbara Networks Access Code, instrument or amending
instrument comes into operation; or
(b) at a
specified prior time.
(3) Without limiting
section 120C(s), if it is inappropriate to prescribe a set fee or charge in
connection with the performance of a particular function, the regulations or
the Pilbara Networks Access Code may provide for the method of calculating the
fee or charge, including calculation according to the cost of performing that
function.
(4) The following
decisions are not liable to be challenged in, or reviewed or called in
question by, a court or tribunal otherwise than under section 130 —
(a) a
decision under the Pilbara Networks Access Code as to whether a covered
Pilbara network is to be regulated under this Part or is to cease to be
regulated under this Part;
(b) a
decision under the Pilbara Networks Access Code as to whether a Pilbara
network service provider does or does not satisfy the requirements to —
(i)
opt for the Pilbara network to be regulated under this
Part; or
(ii)
opt for the covered Pilbara network to cease to be
regulated under this Part.
(5) The regulations or
the transitional provisions referred to in section 120C(u)(i) may authorise
the Minister to determine by order published in the Gazette how any matter or
thing in progress immediately before the commencement of the Pilbara Networks
Access Code is to be treated, after that commencement, for the purposes of the
provisions of the Pilbara Networks Access Code.
[Section 120D inserted: No. 9 of 2020 s. 19.]