Document ID: chunk:federal_register_of_legislation:C2012C00870:clause:1_41:p1
Version: federal_register_of_legislation:C2012C00870
Segment Type: clause
Provision Reference: sch 1 cl 41 (pt 1/2)
Character Range: 35842–38630

41  After subsection 152AL(8)
Insert:

Declaration made after public inquiry—services supplied by an NBN corporation
 (8A) The Commission may, by written instrument, declare that a specified eligible service, to the extent to which the service is supplied, or is capable of being supplied, by a specified NBN corporation (whether to itself or to other persons), 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.
If the Commission does so, the declared service relates to the NBN corporation for the purposes of subsections 152AXB(2) and 152AXC(7).
Note: Eligible services may be specified by name, by inclusion in a specified class or in any other way.
 (8B) A declaration under subsection (8A) has effect accordingly.
 (8C) A copy of a declaration under section (8A) is to be published in the Gazette.

Services supplied by an NBN corporation—standard form of access agreement
 (8D) If:
 (a) an eligible service is supplied, or is capable of being supplied, by an NBN corporation (whether to itself or to other persons); and
 (b) the NBN corporation is a carrier or a carriage service provider; and
 (c) the NBN corporation has formulated a standard form of access agreement that relates to access to the service; and
 (d) the standard form of access agreement is available on the NBN corporation's website;
then:
 (e) the service, to the extent to which it is supplied, or is capable of being supplied, by the NBN corporation (whether to itself or to other persons) is a declared service; and
 (f) the declared service relates to the NBN corporation for the purposes of subsections 152AXB(2) and 152AXC(7).

Services covered by special access undertakings—services supplied by an NBN corporation
 (8E) If:
 (a) an NBN corporation 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 NBN corporation supplies the service or proposed service (whether to itself or to other persons);
then:
 (d) the service supplied by the NBN corporation is a declared service; and
 (e) the declared service relates to the NBN corporation for the purposes of subsections 152AXB(2) and 152AXC(7).
To avoid doubt, if the undertaking is subject to limitations, the service supplied