Commonwealth Consolidated Acts

COMPETITION AND CONSUMER ACT 2010 - SECT 152BCI

  (1)   If:

  (a)   the Commission makes a declaration under section   152AL after the commencement of this section; and

  (b)   no access determination has previously been made in relation to access to the declared service;

the Commission must, within 30 days after the declaration is made, commence to hold a public inquiry under Part   25 of the Telecommunications Act 1997 about a proposal to make an access determination relating to access to the declared service.

  (2)   If:

  (a)   a declaration is in force under section   152AL immediately after the commencement of this section; and

  (b)   no access determination has previously been made in relation to access to the declared service;

the Commission must, during the 12 - month period beginning at the commencement of this section, commence to hold a public inquiry under Part   25 of the Telecommunications Act 1997 about a proposal to make an access determination relating to access to the declared service.

  (3)   If:

  (a)   a declaration is in force under section   152AL; and

  (b)   an access determination has previously been made in relation to access to the declared service;

the Commission must, during the period:

  (c)   beginning 18 months before the expiry date for the access determination; and

  (d)   ending 6 months before the expiry date for the access determination;

commence to hold a public inquiry under Part   25 of the Telecommunications Act 1997 about a proposal to make an access determination relating to access to the declared service.

  (4)   Subsection   (3) has effect subject to subsections   (5), (6) and (7).

  (5)   If:

  (a)   a declaration (the current declaration ) is in force under section   152AL; and

  (b)   an access determination has previously been made in relation to access to the declared service; and

  (c)   the expiry date of the current declaration is extended or further extended for a period of not more than 12 months; and

  (d)   the Commission decides to allow the current declaration to expire without making a new declaration under section   152AL;

the Commission is not required to hold a public inquiry under Part   25 of the Telecommunications Act 1997 about a proposal to make an access determination relating to access to the declared service.

  (6)   If:

  (a)   a declaration is in force under section   152AL; and

  (b)   an access determination (the current determination ) is in force in relation to access to the declared service; and

  (c)   the Commission commences to hold a public inquiry under subsection   152ALA(7) in relation to the declaration;

then:

  (d)   the Commission may defer holding a public inquiry under Part   25 of the Telecommunications Act 1997 about a proposal to make an access determination relating to access to the declared service until the Commission decides whether to extend or further extend the expiry date for the declaration; and

  (e)   if the Commission decides to extend or further extend the expiry date for the declaration--the Commission must commence to hold such a public inquiry before the expiry date for the current access determination; and

  (f)   if the Commission decides not to extend or further extend the expiry date for the declaration--the Commission is not required to hold such a public inquiry.

  (7)   If:

  (a)   a declaration is in force under section   152AL; and

  (b)   an access determination has previously been made in relation to access to the declared service; and

  (c)   after holding a public inquiry under subsection   152ALA(7) in relation to the declaration, the Commission decides to allow the declaration to expire without making a new declaration under section   152AL;

the Commission is not required to hold a public inquiry under Part   25 of the Telecommunications Act 1997 about a proposal to make an access determination relating to access to the declared service.

Note:   If a service is a declared service under subsection   152AL(7) (which deals with special access undertakings), there is no need for the Commission to make a declaration of the service under section   152AL.

  (8)   Despite anything else in this section, if:

  (a)   the Commission makes binding rules of conduct that relate to access to a declared service; and

  (b)   no access determination is in force in relation to access to the declared service;

the Commission must, within 30 days after the binding rules of conduct are made, commence to hold a public inquiry under Part   25 of the Telecommunications Act 1997 about a proposal to make an access determination relating to access to the declared service.