Document ID: chunk:federal_register_of_legislation:C2012C00891:clause:1_152bci:p1
Version: federal_register_of_legislation:C2012C00891
Segment Type: clause
Provision Reference: sch 1 cl 152BCI (pt 1/2)
Character Range: 193021–195782

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