Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) The Commission may, by written instrument, make rules for and in relation to requiring one or more specified carriers or one or more specified carriage service providers to keep and retain records. Rules under this subsection may also require those carriers or carriage service providers to prepare reports consisting of information contained in those records. Rules under this subsection may also require those carriers or carriage service providers to give any or all of the reports to the Commission. Rules under this subsection are to be known as record - keeping rules .
Note 1: Carriers and carriage service providers may be specified by name, by inclusion in a specified class or in any other way.
Note 2: For enforcement of the record - keeping rules, see Division 7.
(2) The rules may specify the manner and form in which the records are to be kept.
(2A) The rules may specify the manner and form in which reports are to be prepared.
(2B) The rules may provide for:
(a) the preparation of reports as and when required by the Commission; or
(b) the preparation of periodic reports relating to such regular intervals as are specified in the rules.
(2C) The rules may require or permit a report prepared in accordance with the rules to be given to the Commission, in accordance with specified software requirements and specified authentication requirements:
(a) on a specified kind of data processing device; or
(b) by way of a specified kind of electronic transmission.
(2D) Subsections (2), (2A), (2B) and (2C) do not limit subsection (1).
(3) If the rules apply to a particular carrier or carriage service provider, the Commission must give the carrier or provider a copy of the rules.
(4) The Commission must not exercise its powers under this section so as to require the keeping or retention of records unless the records contain, or will contain, information that is relevant to:
(a) ascertaining whether the competition rule has been, or is being, complied with; or
(c) the operation of this Part (other than this Division); or
(d) the operation of Part XIC (which deals with access); or
(da) the operation of the National Broadband Network Companies Act 2011 or regulations under that Act; or
(db) the operation of Part 8 of the Telecommunications Act 1997 (which deals with local access lines); or
(dc) the operation of Part 3 of the Telecommunications (Consumer Protection and Service Standards) Act 1999 (which deals with the funding of fixed wireless broadband and satellite broadband); or
(dd) the operation of the Telecommunications (Regional Broadband Scheme) Charge Act 2020 ; or
(e) the operation of Division 3 of Part 20 of the Telecommunications Act 1997 (which deals with Rules of Conduct relating to dealings with international telecommunications operators); or
(f) the operation of Part 9 of the Telecommunications (Consumer Protection and Service Standards) Act 1999 (which deals with the regulation of the charges of designated Telstra successor companies).
(4A) The Commission must review any rules for keeping or retaining records containing information relevant to the operation of Division 12 of this Part at least once in each of the following periods:
(a) the period of 1 year after the commencement of this subsection;
(b) the period of 5 years after the completion of the previous review.
(4B) In reviewing rules under subsection (4A), the Commission must have regard to:
(a) whether the information is publicly available; and
(b) whether consumer demand for the goods and services to which the information relates has changed; and
(c) the usefulness of the information to consumers, industry, the Minister and Parliament.
(5) Record - keeping rules made before 1 July 1997 come into force on 1 July 1997.
(6) This section does not limit section 155 (which is about the general information - gathering powers of the Commission).