Commonwealth Consolidated Acts

TRADE PRACTICES ACT 1974 - SECT 152AL

Eligible service

             (1)  For the purposes of this section, an eligible service is:

                     (a)  a listed carriage service (within the meaning of the Telecommunications Act 1997 ); or

                     (b)  a service that facilitates the supply of a listed carriage service (within the meaning of that Act);

where the service is supplied, or is capable of being supplied, by a carrier or a carriage service provider (whether to itself or to other persons).

Declaration made after public inquiry

             (3)  The Commission may, by written instrument, declare that a specified eligible service is a declared service if:

                     (a)  the Commission has held a public inquiry under Part 25 of the Telecommunications Act 1997 about a proposal to make the declaration; and

                     (b)  the Commission has prepared a report about the inquiry under section 505 of the Telecommunications Act 1997 ; and

                     (c)  the report was published during the 180‑day period ending when the declaration was made; and

                     (d)  the Commission is satisfied that the making of the declaration will promote the long‑term interests of end‑users of carriage services or of services provided by means of carriage services.

Note:          Eligible services may be specified by name, by inclusion in a specified class or in any other way.

Declaration has effect

             (4)  A declaration under this section has effect accordingly.

Gazettal of declaration

             (5)  A copy of a declaration under this section is to be published in the Gazette .

Related services

             (6)  A reference in paragraph (1)(b) to a service that facilitates the supply of a carriage service does not include a reference to the use of intellectual property except to the extent that it is an integral but subsidiary part of the first‑mentioned service.

Services covered by special access undertakings

             (7)  If:

                     (a)  a person gives the Commission a special access undertaking in relation to a service or a proposed service; and

                     (b)  the undertaking is in operation; and

                     (c)  the person supplies the service or proposed service (whether to itself or to other persons);

the service supplied by the person is a declared service . To avoid doubt, if the undertaking is subject to limitations, the service supplied by the person is a declared service only to the extent to which the service falls within the scope of the limitations.

             (8)  The Commission may declare a service under subsection (3) even if the service is, to any extent, covered by subsection (7).

Declaration is not a legislative instrument

             (9)  A declaration under this section is not, and is taken never to have been, a legislative instrument for the purposes of the Legislative Instruments Act 2003 .

           (10)  A variation of a declaration made under this section is not, and is taken never to have been, a legislative instrument for the purposes of the Legislative Instruments Act 2003 .

           (11)  A revocation of a declaration made under this section is not, and is taken never to have been, a legislative instrument for the purposes of the Legislative Instruments Act 2003 .

           (12)  If:

                     (a)  a declaration was made under this section before the commencement of this subsection; and

                     (b)  the declaration ceased to be in force before the commencement of this subsection;

then:

                     (c)  the declaration is taken never to have been a legislative instrument for the purposes of the Legislative Instruments Act 2003 ; and

                     (d)  if the declaration was varied or revoked before the commencement of this subsection--the variation or revocation is taken never to have been a legislative instrument for the purposes of the Legislative Instruments Act 2003 .

           (13)  For the purposes of paragraph (12)(b), assume that the Legislative Instruments Act 2003 had never been enacted.

           (14)  Subsections (9) to (12) are enacted for the avoidance of doubt.