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TELECOMMUNICATIONS ACT 1991 No. 98 of 1991 - SECT 213
Publication of proposed restrictive variations of class licences
213. (1) This section applies where AUSTEL proposes to vary a class licence so
that:
(a) an eligible service that is permitted to be supplied under the licence
would no longer be so permitted; or
(b) the conditions under which an eligible service is permitted to be
supplied under the licence would become more onerous on a supplier of
the service.
(2) Before varying the class licence, AUSTEL must, by notice in writing,
published under subsection (5):
(a) state that it proposes to vary the class licence specified in the
notice; and
(b) state the subject matter of the variation; and
(c) specify a place or places at which copies of the licence, and of the
proposed variation to the licence, may be bought; and
(d) invite interested persons to make representations concerning the
proposed variation by a specified date that is at least 1 month after
the date of publication of the notice; and
(e) specify an address or addresses to which representations concerning
the proposed variation may be sent.
(3) A person may, not later than the date specified in the notice, make
representations to AUSTEL concerning the proposed variation.
(4) AUSTEL must, before varying the class licence, give due consideration to
any representations so made.
(5) The notice must:
(a) be published in the Gazette; and
(b) where regulations made for the purposes of this subsection provide for
additional requirements in relation to the publication of notices - be
published in accordance with those additional requirements.
(6) Failure to comply strictly with subsection (2) does not affect the
validity of the notice, or the validity of a variation of the class licence,
if the requirements of that subsection are substantially complied with.
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