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COMPETITION AND CONSUMER ACT 2010 - SECT 152BCI

When public inquiry must be held

             (1)  If:

                     (a)  the Commission makes a declaration under section 152AL after the commencement of this section; and

                     (b)  no access determination has previously been made in relation to access to the declared service;

the Commission must, within 30 days after the declaration is made, commence to hold a public inquiry under Part 25 of the Telecommunications Act 1997 about a proposal to make an access determination relating to access to the declared service.

             (2)  If:

                     (a)  a declaration is in force under section 152AL immediately after the commencement of this section; and

                     (b)  no access determination has previously been made in relation to access to the declared service;

the Commission must, during the 12-month period beginning at the commencement of this section, commence to hold a public inquiry under Part 25 of the Telecommunications Act 1997 about a proposal to make an access determination relating to access to the declared service.

             (3)  If:

                     (a)  a declaration is in force under section 152AL; and

                     (b)  an access determination has previously been made in relation to access to the declared service;

the Commission must, during the period:

                     (c)  beginning 18 months before the expiry date for the access determination; and

                     (d)  ending 6 months before the expiry date for the access determination;

commence to hold a public inquiry under Part 25 of the Telecommunications Act 1997 about a proposal to make an access determination relating to access to the declared service.

             (4)  Subsection (3) has effect subject to subsections (5), (6) and (7).

             (5)  If:

                     (a)  a declaration (the current declaration ) is in force under section 152AL; and

                     (b)  an access determination has previously been made in relation to access to the declared service; and

                     (c)  the expiry date of the current declaration is extended or further extended for a period of not more than 12 months; and

                     (d)  the Commission decides to allow the current declaration to expire without making a new declaration under section 152AL;

the Commission is not required to hold a public inquiry under Part 25 of the Telecommunications Act 1997 about a proposal to make an access determination relating to access to the declared service.

             (6)  If:

                     (a)  a declaration is in force under section 152AL; and

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

                     (c)  the Commission commences to hold a public inquiry under subsection 152ALA(7) in relation to the declaration;

then:

                     (d)  the Commission may defer holding a public inquiry under Part 25 of the Telecommunications Act 1997 about a proposal to make an access determination relating to access to the declared service until the Commission decides whether to extend or further extend the expiry date for the declaration; and

                     (e)  if the Commission decides to extend or further extend the expiry date for the declaration--the Commission must commence to hold such a public inquiry before the expiry date for the current access determination; and

                      (f)  if the Commission decides not to extend or further extend the expiry date for the declaration--the Commission is not required to hold such a public inquiry.

             (7)  If:

                     (a)  a declaration is in force under section 152AL; and

                     (b)  an access determination has previously been made in relation to access to the declared service; and

                     (c)  after holding a public inquiry under subsection 152ALA(7) in relation to the declaration, the Commission decides to allow the declaration to expire without making a new declaration under section 152AL;

the Commission is not required to hold a public inquiry under Part 25 of the Telecommunications Act 1997 about a proposal to make an access determination relating to access to the declared service.

Note:          If a service is a declared service under subsection 152AL(7) (which deals with special access undertakings), there is no need for the Commission to make a declaration of the service under section 152AL.

             (8)  Despite anything else in this section, if:

                     (a)  the Commission makes binding rules of conduct that relate to access to a declared service; and

                     (b)  no access determination is in force in relation to access to the declared service;

the Commission must, within 30 days after the binding rules of conduct are made, commence to hold a public inquiry under Part 25 of the Telecommunications Act 1997 about a proposal to make an access determination relating to access to the declared service.



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