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AUSTRALIAN COMMUNICATIONS AND MEDIA AUTHORITY ACT 2005 - SECT 59DA

Disclosure of information that relates to the affairs of a carrier or carriage service provider

  (1)   An ACMA official authorised by the Chair, in writing, for the purposes of this section may disclose authorised disclosure information if:

  (a)   the authorised disclosure information relates to the affairs of a carrier or carriage service provider; and

  (b)   the authorised disclosure information relates to any of the following matters:

  (i)   customer complaints;

  (ii)   customers experiencing financial hardship;

  (iii)   customer service;

  (iv)   faults and service difficulties;

  (v)   rectification of faults and service difficulties;

  (vi)   service activation and provisioning;

  (vii)   service connection;

  (viii)   performance characteristics of services;

  (ix)   customer appointment keeping;

  (x)   a matter determined under subsection   (4).

  (2)   An ACMA official authorised by the Chair, in writing, for the purposes of this section may disclose summaries of authorised disclosure information if:

  (a)   the authorised disclosure information relates to the affairs of a carrier or carriage service provider; and

  (b)   the summaries relate to any of the following matters:

  (i)   customer complaints;

  (ii)   customers experiencing financial hardship;

  (iii)   customer service;

  (iv)   faults and service difficulties;

  (v)   rectification of faults and service difficulties;

  (vi)   service activation and provisioning;

  (vii)   service connection;

  (viii)   performance characteristics of services;

  (ix)   customer appointment keeping;

  (x)   a matter determined under subsection   (4).

  (3)   An ACMA official authorised by the Chair, in writing, for the purposes of this section may disclose statistics derived from authorised disclosure information if:

  (a)   the authorised disclosure information relates to the affairs of a carrier or carriage service provider; and

  (b)   the statistics relate to any of the following matters:

  (i)   customer complaints;

  (ii)   customers experiencing financial hardship;

  (iii)   customer service;

  (iv)   faults and service difficulties;

  (v)   rectification of faults and service difficulties;

  (vi)   service activation and provisioning;

  (vii)   service connection;

  (viii)   performance characteristics of services;

  (ix)   customer appointment keeping;

  (x)   a matter determined under subsection   (4).

  (4)   The Minister may, by legislative instrument, determine one or more matters for the purposes of subparagraphs   (1)(b)(x), (2)(b)(x) and (3)(b)(x).

Note:   For variation and revocation, see subsection   33(3) of the Acts Interpretation Act 1901 .

  (5)   A disclosure under subsection   (1), (2) or (3) may involve disclosing the identity of a carrier or carriage service provider.

  (6)   Subsection   (5) does not, by implication, limit what can be disclosed under a provision of this Part other than this section.

  (7)   Subsections   (1), (2) and (3) do not authorise the disclosure of anything that is likely to enable the identification of an end - user of a carriage service.

  (8)   For the purposes of this section:

  (a)   an ACMA official authorised by the Chair, in writing, for the purposes of this section is taken to disclose information if the information is published by the ACMA:

  (i)   on the ACMA's website; or

  (ii)   in any other way; and

  (b)   an ACMA official authorised by the Chair, in writing, for the purposes of this section is taken to disclose summaries or statistics if the summaries or statistics are published by the ACMA:

  (i)   on the ACMA's website; or

  (ii)   in any other way.

  (9)   Subsection   (8) is enacted for the avoidance of doubt.

  (10)   For the purposes of this section, customer includes prospective customer.



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