Document ID: chunk:federal_register_of_legislation:C2004A00735:clause:1_16a
Version: federal_register_of_legislation:C2004A00735
Segment Type: clause
Provision Reference: sch 1 cl 16A
Character Range: 108509–109523

16A  Minister must seek ACA's advice

 (1) Before making or varying a determination under section 16, the Minister must direct the ACA to give the Minister advice about the proposed determination or variation. However, this subsection does not apply to a proposed variation of a minor technical nature.

 (2) The ACA must comply with the direction.

 (3) If the Minister has received advice from the ACA about a proposed determination or variation and does not make the determination or variation in accordance with the advice, the Minister must ensure that a notice of his or her reasons for departing from the advice:
 (a) is published in the Gazette within 14 days after making the determination or variation; and
 (b) is laid before each House of the Parliament within 5 sitting days of that House after making the determination or variation.

 (4) Subsection (1) does not, by implication, limit the Minister's powers under section 486 of the Telecommunications Act 1997 (which deals with public inquiries).