Commonwealth Consolidated Acts

NATIONAL BROADBAND NETWORK COMPANIES ACT 2011 - SECT 48

Initial declaration

  (1)   During the period:

  (a)   starting at the commencement of this section; and

  (b)   ending at the end of 31   December 2020;

the Communications Minister must:

  (c)   declare, in writing, that, in his or her opinion, the national broadband network should be treated as built and fully operational; or

  (d)   declare, in writing, that the period:

  (i)   starting immediately after the declaration is made; and

  (ii)   ending at a specified time;

    is a declared pre - termination period for the purposes of this Act.

Subsequent declarations

  (2)   During a declared pre - termination period, the Communications Minister must:

  (a)   declare, in writing, that, in his or her opinion, the national broadband network should be treated as built and fully operational; or

  (b)   declare, in writing, that the period:

  (i)   starting immediately after the declaration is made; and

  (ii)   ending at a specified time;

    is a declared pre - termination period for the purposes of this Act.

  (3)   Subsection   (2) is recursive, that is, the first reference in that subsection to a declared pre - termination period includes a reference to a period that is a declared pre - termination period because of any other application or applications of paragraph   (2)(b).

Maximum duration of declared pre - termination period

  (4)   A declared pre - termination period must not be longer than 12 months.

Matters to which Communications Minister must have regard

  (5)   In deciding whether to make a declaration under this section, the Communications Minister must have regard to the following matters:

  (a)   the extent to which the national broadband network has been built;

  (b)   the extent to which the national broadband network is operational;

  (c)   matters relating to the security of the national broadband network;

  (d)   such other matters (if any) as the Communications Minister considers relevant.

Tabling in Parliament

  (6)   The Communications Minister must cause a copy of a declaration under this section to be tabled in each House of the Parliament within 15 sitting days of that House after making the declaration.

  (7)   If a declaration under paragraph   (1)(d) or (2)(b) is tabled in accordance with subsection   (6), the Communications Minister must also table a statement to the effect that the Commonwealth ownership provisions continue in operation.

Declaration is not a legislative instrument

  (8)   A declaration under this section is not a legislative instrument.