(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).