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COMPETITION AND CONSUMER ACT 2010 - SECT 152BCF

Duration of access determination

             (1)  An access determination relating to access to a declared service:

                     (a)  comes into force on the day specified in the determination as the day on which the determination is to come into force; and

                     (b)  unless sooner revoked, ceases to be in force on the expiry date for the determination.

             (2)  The specified day may be earlier than the day on which the determination was made.

          (2A)  The specified day must not be earlier than the date of commencement of this section.

             (3)  If the declared service is covered by a declaration under section 152AL, and the declaration is not a fresh declaration that replaces a previous declaration, the specified day must not be earlier than the day on which the declaration came into force.

          (3A)  If the declared service is covered by subsection 152AL(7), the specified day must not be earlier than the day on which the service became a declared service under that subsection.

          (3B)  If the declared service is covered by subsection 152AL(8D), the specified day must not be earlier than the day on which the service became a declared service under that subsection.

          (3C)  If the declared service is covered by subsection 152AL(8E), the specified day must not be earlier than the day on which the service became a declared service under that subsection.

             (4)  If:

                     (a)  an access determination is expressed to replace a previous access determination relating to access to the declared service; and

                     (b)  the previous access determination is not an interim access determination;

the specified day must be the first day after the expiry of the previous access determination.

          (4A)  If:

                     (a)  an access determination is expressed to replace a previous access determination relating to access to the declared service; and

                     (b)  the previous access determination is an interim access determination; and

                     (c)  the declared service is covered by a declaration under section 152AL;

the specified day must not be earlier than the day on which the declaration came into force.

Expiry date

             (5)  An access determination must specify an expiry date for the determination.

             (6)  In specifying an expiry date for an access determination, the Commission must have regard to:

                     (a)  in a case where the declared service is covered by a declaration under section 152AL--the principle that the expiry date for the determination should be the same as the expiry date for the declaration (as that declaration stood at the time when the access determination was made) unless, in the Commission's opinion, there are circumstances that warrant the specification of another date as the expiry date for the access determination; and

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

             (7)  If an access determination expires, this Part does not prevent the Commission from making a fresh access determination under section 152BC in the same terms as the expired access determination.

Automatic revocation of access determination

             (8)  If:

                     (a)  an access determination relating to access to a declared service is in force; and

                     (b)  the declared service is covered by a declaration under section 152AL, and the declaration ceases to be in force; and

                     (c)  the Commission does not make a fresh declaration under section 152AL that replaces the declaration referred to in paragraph (b) of this subsection;

the access determination is taken to be revoked at the time of the cessation.

             (9)  If:

                     (a)  an access determination relating to access to a declared service is in force; and

                     (b)  the declared service is covered by a declaration under section 152AL, and the declaration is revoked; and

                     (c)  the Commission does not make a fresh declaration under section 152AL that replaces the declaration referred to in paragraph (b) of this subsection;

the access determination is taken to be revoked at the time of the revocation of the declaration.

          (9A)  If:

                     (a)  an interim access determination relating to access to a declared service is in force; and

                     (b)  a final access determination relating to access to the declared service comes into force;

the interim access determination is taken to be revoked at the time when the final access determination comes into force.

Extension of access determination

           (10)  If:

                     (a)  an access determination (the original access determination ) relating to access to a declared service is in force; and

                     (b)  the Commission has commenced to hold a public inquiry under Part 25 of the Telecommunications Act 1997 about a proposal to make another access determination in relation to access to the service; and

                     (c)  the Commission considers that it will make the other access determination, but will not be in a position to do so before the expiry date for the original access determination;

the Commission may, by writing, declare that the expiry date for the original access determination is taken to be the day immediately before the day on which the other access determination comes into force.

           (11)  The Commission must publish a declaration under subsection (10) on the Commission's website.

           (12)  If:

                     (a)  after holding a public inquiry under subsection 152ALA(7) in relation to a section 152AL declaration, the Commission:

                              (i)  extends or further extends the expiry date for the declaration by a period of not more than 12 months; and

                             (ii)  decides to allow the declaration to expire after the end of that period; and

                     (b)  an access determination is in force in relation to access to the declared service;

the Commission may, by writing , extend the expiry date for the access determination by the same period.

           (13)  The Commission must publish an instrument under subsection (12) on the Commission's website.

           (14)  The Commission is not required to observe any requirements of procedural fairness in relation to a decision under subsection (10) or (12).

           (15)  A declaration under subsection (10) is not a legislative instrument.

           (16)  An instrument under subsection (12) is not a legislative instrument.



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