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TELECOMMUNICATIONS ACT 1997 - SECT 581H

Declarations--criteria

  (1)   In deciding whether to specify a company (the relevant company ) in a declaration under subsection   581F(3), (4) or (5) or 581G(3), (4) or (5) , the Minister must have regard to the following matters:

  (a)   the object set out in section   581B;

  (b)   the compliance burden (if any) that would result for the relevant company if the declaration were made;

  (c)   whether a Telstra successor company or a designated Telstra successor company has transferred the whole or a part of a telecommunications business to the relevant company;

  (d)   whether a Telstra successor company or a designated Telstra successor company has transferred a telecommunications asset to the relevant company;

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

  (2)   The Minister must not specify a company in a declaration under subsection   581F(3), (4) or (5) or 581G(3), (4) or (5) unless the company:

  (a)   is a constitutional corporation; or

  (b)   carries on a telecommunications business covered by paragraph   581L(1)(a), (b) or (c).



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