Western Australian Consolidated Regulations Western Australian Consolidated Regulations (1) A corporation may
request further information from an applicant.
(2) A request for
further information under subregulation (1) must be in writing.
(3) A corporation may
only request further information under subregulation (1) if the
information requested is reasonably necessary in order to carry out one or
more of the following activities —
(a)
process the access application;
(b)
prepare a response;
(c)
carry out a preliminary assessment; or
(d) make
an access offer to provide distribution access services.
(4) If —
(a) a
corporation makes a request under subregulation (1) in relation to an
access application; and
(b) the
person to which the request has been made has not provided all the information
requested within 15 business days of the corporation making the request
or such longer time as the corporation and the person agree,
then the access
application loses its priority for the purposes of regulation 13 and
lapses.
(5) If an access
application loses its priority under subregulation (5) and the person to
which the request has been made subsequently provides all the information
requested, then the priority of the access application for the purposes of
regulation 13 is to be determined as if the access application had been
received on the date on which that information is received by the corporation.
(6) An applicant, in
making an access application and providing information under this Part
must —
(a) act
in good faith; and
(b) use
reasonable endeavours to ensure that the access application and the
information concerned is accurate and complete.
(7) If an applicant
becomes aware of any material information relevant to an access application
which is not included in the access application or of any material alteration
to any information contained in or relevant to the access application, then
the applicant must promptly notify the corporation in writing of that
information or alteration.
(8) If a corporation
receives a notice under subregulation (8) or otherwise becomes aware of
any material information relevant to an access application which is not
included in the access application or of any material alteration to any
information contained in or relevant to an access application, then the
corporation may, by written notice to the applicant —
(a)
extend the period within which the corporation must give the response under
regulation 8(8) or carry out the preliminary assessment and give the
report under regulation 10 or make the access offer under
regulation 11(1) in respect of the access application (as the case
requires), to such longer period as the corporation reasonably requires; or
(b)
where the information or alteration is such as to, in the opinion of the
corporation, materially alter the distribution access services requested by
the access application, the corporation may reject the access application.
[Regulation 9 amended in Gazette
31 Mar 2006 p. 1316, 1317 and 1318.]