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COMPETITION AND CONSUMER ACT 2010 - SECT 152BCN

Variation or revocation of access determinations

             (1)  Subsection 33(3) of the Acts Interpretation Act 1901 applies to a power conferred on the Commission by section 152BC, but it applies with the following changes.

             (2)  The Commission is not required to hold a public inquiry under Part 25 the Telecommunications Act 1997 about a proposal to vary an access determination if:

                     (a)  the variation is of a minor nature; or

                     (b)  each:

                              (i)  carrier or carriage service provider; and

                             (ii)  access seeker;

                            whose interests are likely to be affected by the variation has consented in writing to the variation.

             (3)  The Commission is not required to hold a public inquiry under Part 25 of the Telecommunications Act 1997 about a proposal to revoke an access determination if the Commission is satisfied that each:

                     (a)  carrier or service provider; and

                     (b)  access seeker;

whose interests are likely to be affected by the revocation has consented in writing to the revocation.

             (4)  If a fixed principles provision is included in an access determination:

                     (a)  a provision referred to in paragraph 152BCD(5)(a) or (b) cannot be varied or removed; and

                     (b)  the access determination must not be varied in a manner that is inconsistent with a provision referred to in paragraph 152BCD(5)(a) or (b).

             (5)  The Commission does not have a duty to consider whether to exercise the power to vary or revoke an access determination, whether the Commission is requested to do so by another person, or in any other circumstances.

             (6)  If the Commission has commenced to hold a public inquiry under Part 25 of the Telecommunications Act 1997 about a proposal to vary an access determination, the Commission may alter the proposed variation.

             (7)  Notice of the alteration is to be published in the same way in which a notice relating to the public inquiry was published under section 498 of the Telecommunications Act 1997 .

             (8)  Subsection (7) does not apply in relation to an alteration if:

                     (a)  the alteration is of a minor nature; or

                     (b)  each:

                              (i)  carrier or carriage service provider; and

                             (ii)  access seeker;

                            whose interests are likely to be affected by the alteration has consented in writing to the alteration.

             (9)  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)  an 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 vary the access determination.



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