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COMPETITION AND CONSUMER ACT 2010 - SECT 152ALA

Duration of declaration

Expiry date

             (1)  A declaration under section 152AL (other than a declaration mentioned in subsection 152AL(3C)) must specify an expiry date for the declaration.

             (2)  In specifying an expiry date, the Commission must have regard to:

                     (a)  the principle that the expiry date for a declaration should occur in the period:

                              (i)  beginning 3 years after the declaration was made; and

                             (ii)  ending 5 years after the declaration was made;

                            unless, in the Commission's opinion, there are circumstances that warrant the expiry date occurring in a shorter or longer period; and

                     (b)  such other matters (if any) as the Commission considers relevant.

             (3)  Subsection (2) has effect subject to subsection (4).

Extension of expiry date

             (4)  The Commission may, by notice published in the Gazette , extend or further extend the expiry date of a specified declaration under section 152AL, so long as the extension or further extension is for a period of not more than 5 years.

Duration of declaration

             (5)  Unless sooner revoked, a declaration under section 152AL (other than a declaration mentioned in subsection 152AL(3C)) ceases to be in force on the expiry date of the declaration.

          (5A)  A declaration mentioned in subsection 152AL(3C) remains in force indefinitely.

Fresh declaration

             (6)  If a declaration under section 152AL expires, this Part does not prevent the Commission from making a fresh declaration under section 152AL in the same terms as the expired declaration.

          (6A)  If the fresh declaration comes into force immediately after the expiry of the expired declaration, the fresh declaration is taken to be a declaration that replaces the expired declaration.

Public inquiry during 18-month period ending on the expiry date of a declaration

             (7)  The Commission must:

                     (a)  during the 18-month period ending on the expiry date of a declaration, hold a public inquiry under Part 25 of the Telecommunications Act 1997 about:

                              (i)  whether to extend or further extend the expiry date of the declaration; and

                             (ii)  whether to revoke the declaration; and

                            (iii)  whether to vary the declaration; and

                            (iv)  whether to allow the declaration to expire without making a new declaration under section 152AL; and

                             (v)  whether to allow the declaration to expire and then to make a new declaration under section 152AL; and

                            (vi)  whether to extend or further extend the expiry date of a declaration by a period of not more than 12 months and then to allow the declaration to expire without making a new declaration under section 152AL; and

                     (b)  prepare a report about the inquiry under section 505 of the Telecommunications Act 1997 ; and

                     (c)  publish the report during the 180-day period ending on the expiry date of the first-mentioned declaration.

             (8)  If:

                     (a)  after holding a public inquiry under subsection (7) in relation to a declaration, the Commission allows the declaration to expire and then makes a new declaration under section 152AL; and

                     (b)  the report mentioned in paragraph (7)(b) was published during the 180-day period ending when the new declaration was made;

the Commission is taken to have complied with paragraphs 152AL(3)(a), (b) and (c), or paragraphs 152AL(8A)(a), (b) and (c), as the case requires, in relation to the new declaration.

             (9)  If:

                     (a)  after holding a public inquiry under subsection (7) in relation to a declaration, the Commission revokes or varies the declaration; and

                     (b)  the report mentioned in paragraph (7)(b) was published during the 180-day period ending at the time of the revocation or variation;

the Commission is taken to have complied with paragraphs 152AL(3)(a), (b) and (c), or paragraphs 152AL(8A)(a), (b) and (c), as the case requires, in relation to the revocation or variation (as those paragraphs apply to the power of revocation and variation because of subsection 152AO(1)).

Extension notice is not a legislative instrument

           (10)  A notice under subsection (4) is not, and is taken never to have been, a legislative instrument.

           (11)  If:

                     (a)  a declaration was made under section 152AL before the commencement of this subsection; and

                     (b)  a notice relating to the declaration was published under subsection (4) of this section before the commencement of this subsection; and

                     (c)  the declaration ceased to be in force before the commencement of this subsection;

the notice is taken never to have been a legislative instrument.

           (12)  For the purposes of paragraph (11)(c), assume that the Legislation Act 2003 had never been enacted.

           (13)  Subsections (10) and (11) are enacted for the avoidance of doubt.



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