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COMPETITION AND CONSUMER ACT 2010 - SECT 152ASA

Anticipatory class exemptions from category A standard access obligations

Determination providing for exemption

             (1)  The Commission may, by written instrument, determine that, in the event that a specified service or proposed service becomes an active declared service, each of the members of a specified class of carrier or of a specified class of carriage service provider are exempt from any or all of the obligations referred to in section 152AR, to the extent to which the obligations relate to the active declared service.

          (1A)  A service or a proposed service must not be specified in a determination under this section if, at the time when the determination is made, the service or proposed service is a declared service.

             (2)  A determination under this section may be unconditional or subject to such conditions or limitations as are specified in the determination.

Note:          For judicial enforcement of conditions and limitations, see section 152BBAA.

          (2A)  A determination under this section may:

                     (a)  provide that the determination must not be varied; or

                     (b)  provide that the determination must not be varied except in such circumstances as are specified in the determination.

          (2B)  A determination under this section may:

                     (a)  provide that the determination must not be revoked; or

                     (b)  provide that the determination must be revoked except in such circumstances as are specified in the determination.

             (3)  A determination under this section has effect accordingly.

Criteria for making determination

             (4)  The Commission must not make a determination under this section unless the Commission is satisfied that the making of the determination will promote the long-term interests of end-users of carriage services or of services supplied by means of carriage services.

Expiry time of determination

             (8)  A determination under this section must specify the expiry time of the determination. If a determination expires, this Part does not prevent the Commission from making a fresh determination under this section in the same terms as the expired determination.

             (9)  The expiry time of the determination may be described by reference to the end of a period beginning when the service or proposed service becomes an active declared service.

           (10)  Subsection (9) does not, by implication, limit subsection (8).

Consultation

           (11)  If, in the Commission's opinion, the making of a determination under this section is likely to have a material effect on the interests of a person, then, before making the determination, the Commission must first:

                     (a)  publish a draft of the determination and invite people to make submissions to the Commission on the question of whether the draft determination should be made; and

                     (b)  consider any submissions that were received within the time limit specified by the Commission when it published the draft determination.

Variation or revocation of determination

        (11A)  Subsection 33(3) of the Acts Interpretation Act 1901 applies to a power conferred on the Commission by subsection (1), but it applies with the following changes.

        (11B)  A provision referred to in paragraph (2A)(a) or (b) or (2B)(a) or (b) cannot be varied or removed.

        (11C)  A determination under this section must not be varied or revoked in a manner that is inconsistent with a provision referred to in paragraph (2A)(a) or (b) or (2B)(a) or (b).

Determination is not a legislative instrument

           (12)  A determination made under subsection (1) is not a legislative instrument.

Definition

           (13)  In this section:

"active declared service " has the same meaning as in section 152AR.



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