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NATIONAL BROADBAND NETWORK COMPANIES ACT 2011 (NO. 22, 2011) - SECT 48

Declaration by Communications Minister--whether national broadband network should be treated as built and fully operational

Initial declaration

             (1)  During the period:

                     (a)  starting at the commencement of this section; and

                     (b)  ending at the end of 31 December 2020;

the Communications Minister must:

                     (c)  declare, in writing, that, in his or her opinion, the national broadband network should be treated as built and fully operational; or

                     (d)  declare, in writing, that the period:

                              (i)  starting immediately after the declaration is made; and

                             (ii)  ending at a specified time;

                            is a declared pre-termination period for the purposes of this Act.

Subsequent declarations

             (2)  During a declared pre-termination period, the Communications Minister must:

                     (a)  declare, in writing, that, in his or her opinion, the national broadband network should be treated as built and fully operational; or

                     (b)  declare, in writing, that the period:

                              (i)  starting immediately after the declaration is made; and

                             (ii)  ending at a specified time;

                            is a declared pre-termination period for the purposes of this Act.

             (3)  Subsection (2) is recursive, that is, the first reference in that subsection to a declared pre-termination period includes a reference to a period that is a declared pre-termination period because of any other application or applications of paragraph (2)(b).

Maximum duration of declared pre-termination period

             (4)  A declared pre-termination period must not be longer than 12 months.

Matters to which Communications Minister must have regard

             (5)  In deciding whether to make a declaration under this section, the Communications Minister must have regard to the following matters:

                     (a)  the extent to which the national broadband network has been built;

                     (b)  the extent to which the national broadband network is operational;

                     (c)  matters relating to the security of the national broadband network;

                     (d)  such other matters (if any) as the Communications Minister considers relevant.

Tabling in Parliament

             (6)  The Communications Minister must cause a copy of a declaration under this section to be tabled in each House of the Parliament within 15 sitting days of that House after making the declaration.

             (7)  If a declaration under paragraph (1)(d) or (2)(b) is tabled in accordance with subsection (6), the Communications Minister must also table a statement to the effect that the Commonwealth ownership provisions continue in operation.

Declaration is not a legislative instrument

             (8)  A declaration under this section is not a legislative instrument.


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