Document ID: chunk:federal_register_of_legislation:C2004A00687:clause:1_6
Version: federal_register_of_legislation:C2004A00687
Segment Type: clause
Provision Reference: sch 1 cl 6
Character Range: 2068–4384

6  After subsection 20(2)
Insert:

 (2A) In deciding whether to make a declaration under subsection (1) or (2) in relation to a person and an area, the Minister is limited to considering factors that are relevant to achieving the objects of this Act.

 (2B) If an agreement under section 56 or 57 of the Telstra Corporation Act 1991 made between the Commonwealth and a person (including a State or Territory) is expressed to also have effect for the purposes of this subsection, the Minister is taken to have made (and to properly have made) a declaration (the deemed declaration) under subsection (2) that the person is a regional universal service provider for the service area constituted by the area to which the agreement is expressed to apply. The deemed declaration takes effect as follows:
 (a) if there is a single commencement date (see subsection (2C)) for the area—the deemed declaration takes effect on that commencement date; or
 (b) if there are different commencement dates for different parts of the area—the deemed declaration takes effect for those different parts of the area on those different dates.

 (2C) The commencement date or dates for the area to which an agreement referred to in subsection (2B) is expressed to apply is or are as follows:
 (a) if the agreement specifies a single date as the commencement date for the area—subject to paragraph (c), the commencement date for the area is the specified date;
 (b) if the agreement specifies different dates as the commencement dates for different parts of the area—subject to paragraph (c), the commencement dates for those parts of the area are the dates so specified;
 (c) if a determination under subsection (2D) specifies a date as the commencement date for the area, or part of the area—the commencement date for the area, or the part of the area, as the case requires, is the date so specified (regardless of any dates specified in the agreement).
A commencement date cannot be a date before the agreement is made or before the commencement of this subsection.

 (2D) The Minister may make a written determination specifying a date as the commencement date for the area, or part of the area, to which an agreement referred to in subsection (2B) is expressed to apply. A copy of the determination must be published in the Gazette.