Commonwealth Consolidated Acts

COMPETITION AND CONSUMER ACT 2010 - SECT 151BUDB

  (1)   This section applies to a Ministerially - directed report prepared by a carrier, or a carriage service provider, in accordance with the record - keeping rules.

Disclosure direction

  (2)   The Commission may give the carrier or provider:

  (a)   a written direction requiring it to make copies of the report or copies of particular extracts from the report, together with other relevant material (if any) specified in the direction, available:

  (i)   to the public; and

  (ii)   in the manner specified in the direction; and

  (iii)   as soon as practicable after the end of the period specified in the direction; or

  (b)   a written direction requiring it to make copies of the report or copies of particular extracts from the report, together with other relevant material (if any) specified in the direction, available:

  (i)   to such persons as are specified in the direction; and

  (ii)   on such terms and conditions (if any) as are specified in the direction; and

  (iii)   in the manner specified in the direction; and

  (iv)   as soon as practicable after the end of the period specified in the direction.

Note:   For specification by class, see subsection   33(3AB) of the Acts Interpretation Act 1901 .

  (3)   A direction under paragraph   (2)(b) is also taken to require the carrier or provider to take reasonable steps to inform the persons who access the copies of the report or extracts of the terms and conditions (if any) that are specified in the direction.

Direction to give information about availability of report

  (4)   If the Commission gives the carrier or provider a direction under paragraph   (2)(a), the Commission may also give it a written direction requiring it to take such action as is specified in the direction to inform the public:

  (a)   that the report is, or extracts are, available; and

  (b)   of the way in which the report or extracts may be accessed.

  (5)   If the Commission gives the carrier or provider a direction under paragraph   (2)(b), the Commission may also give it a written direction requiring it to take such action as is specified in the direction to inform the persons specified in the paragraph   (2)(b) direction that:

  (a)   the report is, or the extracts are, available; and

  (b)   of the way in which the report or extracts may be accessed.

Compliance with terms and conditions

  (6)   If, in accordance with a direction under paragraph   (2)(b), a person accesses a copy of the report or extracts, the person must comply with the terms and conditions (if any) that are specified in the direction.

Offences

  (7)   A person commits an offence if:

  (a)   the person is subject to a direction under subsection   (4) or (5); and

  (b)   the person omits to do an act; and

  (c)   the omission breaches the direction.

Penalty:   20 penalty units.

  (8)   A person commits an offence if:

  (a)   the person is subject to a requirement under subsection   (6); and

  (b)   the person does an act or omits to do an act; and

  (c)   the act or omission breaches the requirement.

Penalty:   100 penalty units.

Exercise of power by Commission

  (9)   The Commission may only exercise a power under this section as required by a direction in force under section   151BUAA.

Application of section   151BUB

  (10)   This section does not limit section   151BUB.

Application of section   151BUDC

  (11)   Section   151BUDC does not limit this section.