Document ID: chunk:federal_register_of_legislation:C2004A00735:clause:1_9g
Version: federal_register_of_legislation:C2004A00735
Segment Type: clause
Provision Reference: sch 1 cl 9G
Character Range: 15777–17608

9G  Universal service areas

 (1) The Minister may make a written determination that a service area, determined in any way the Minister considers appropriate, is a universal service area in respect of one or more specified service obligations.

Note: In some circumstances, the Minister will be taken to have made a determination under this section: see subsections (3) and (4), and section 12E.

 (2) In determining universal service areas, the Minister must ensure that no universal service area in respect of a service obligation overlaps to any extent with any other universal service area in respect of that service obligation.

 (3) If, at a particular time, any areas of Australia are not within a universal service area, covered by a determination under subsection (1), in respect of a service obligation:
 (a) those areas together constitute at that time a single universal service area in respect of that service obligation; and
 (b) the Minister is taken to have made a determination under subsection (1) to that effect.

 (4) If, at a particular time, one or more of the universal service areas, in respect of which the Minister is taken to have made a determination because of subsection (3), cover the same areas of Australia, then despite that subsection:
 (a) those areas together constitute at that time a single universal service area in respect of all of the service obligations referred to in that subsection; and
 (b) the Minister is taken to have made a determination under subsection (1) to that effect.

 (5) A determination under this section is a disallowable instrument for the purposes of section 46A of the Acts Interpretation Act 1901.

Note: A determination that the Minister is taken to have made under this section because of section 12E is not a disallowable instrument (see subsection 12E(6)).