Document ID: chunk:federal_register_of_legislation:C2023C00417:section:48
Version: federal_register_of_legislation:C2023C00417
Segment Type: section
Provision Reference: s 48
Character Range: 81680–84250

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.