TELECOMMUNICATIONS ACT 1997 - SECT 162 Close proximity

TELECOMMUNICATIONS ACT 1997 - SECT 162

  (1)   The Minister may, by legislative instrument, determine that, if specified circumstances exist in relation to premises and a line, the premises are taken, for the purposes of this Part, to be in close proximity to the line.

  (2)   The Minister may, by legislative instrument, determine that, if specified circumstances exist in relation to premises and a line, the premises are taken, for the purposes of this Part, not to be in close proximity to the line.

  (3)   A determination under subsection   (1) or (2) must be of a legislative character.

Delegation to the ACCC

  (4)   The Minister may, by writing, delegate to the ACCC any or all of the Minister's powers under the following provisions:

  (a)   subsection   (1);

  (b)   subsection   (2).

  (5)   In performing a delegated function or exercising a delegated power, the ACCC must comply with any written directions of the Minister.