Document ID: chunk:federal_register_of_legislation:C2005A00119:clause:11_50a
Version: federal_register_of_legislation:C2005A00119
Segment Type: clause
Provision Reference: sch 11 cl 50A
Character Range: 45419–46656

50A  Designated services

 (1) For the purposes of this Part, a designated service is an eligible service specified in a written determination made by the Minister under this subclause.

 (2) The Minister must not make a determination under subclause (1) that specifies a service that is not an active declared service (within the meaning of section 152AR of the Trade Practices Act 1974) unless:
 (a) the determination is the first determination made under subclause (1); or
 (b) Telstra has given written consent to the making of the determination.

 (3) Subsection 33(3) of the Acts Interpretation Act 1901 applies to a power conferred on the Minister by subclause (1), but it applies with the change set out in subclause (4).

 (4) The Minister must not vary a determination under subclause (1) so as to specify a service that is not an active declared service (within the meaning of section 152AR of the Trade Practices Act 1974) unless Telstra has given written consent to the variation of the determination.

 (5) Before making a determination under subclause (1), the Minister must consult Telstra.

 (6) A determination under subclause (1) is a legislative instrument for the purposes of the Legislative Instruments Act 2003.