Document ID: chunk:federal_register_of_legislation:C2025C00189:section:152al:p1
Version: federal_register_of_legislation:C2025C00189
Segment Type: section
Provision Reference: s 152AL (pt 1/3)
Character Range: 1852032–1854804

152AL  Declared services

Eligible service
 (1) For the purposes of this section, an eligible service is:
 (a) a listed carriage service (within the meaning of the Telecommunications Act 1997); or
 (b) a service that facilitates the supply of a listed carriage service (within the meaning of that Act);
where the service is supplied, or is capable of being supplied, by a carrier or a carriage service provider (whether to itself or to other persons).

Declaration made after public inquiry—services not supplied by an NBN corporation
 (3) The Commission may, by written instrument, declare that a specified eligible service 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.
Note: Eligible services may be specified by name, by inclusion in a specified class or in any other way.
 (3A) A declaration under subsection (3) does not apply to an eligible service to the extent to which the service is supplied, or is capable of being supplied, by an NBN corporation (whether to itself or to other persons).
 (3B) Before commencing to hold a public inquiry under Part 25 of the Telecommunications Act 1997 about a proposal to make a declaration under subsection (3) in relation to an eligible service, the Commission must consider whether to hold a public inquiry under that Part about a proposal to make a declaration under subsection (8A) in relation to the service.
Note: For combined public inquiries, see section 152AN.

Declaration has effect
 (4) A declaration under subsection (3) has effect accordingly.

Gazettal of declaration
 (5) A copy of a declaration under subsection (3) is to be published in the Gazette.

Related services
 (6) A reference in paragraph (1)(b) to a service that facilitates the supply of a carriage service does not include a reference to the use of intellectual property except to the extent that it is an integral but subsidiary part of the first‑mentioned service.

Services covered by special access undertakings—services not supplied by an NBN corporation
 (7) If:
 (a) a person (other than 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 person supplies the service or proposed service