Document ID: chunk:federal_register_of_legislation:C2016C00900:section:39:p1
Version: federal_register_of_legislation:C2016C00900
Segment Type: section
Provision Reference: s 39 (pt 1/2)
Character Range: 36258–38886

39  Services covered by pre‑commencement access agreements etc.
 (1) As soon as practicable after this section commences, but, in any event, before 1 July 1997, the ACCC must prepare a written statement specifying each eligible service that was covered by an access agreement registered under section 144 of the Telecommunications Act 1991 as at the beginning of 13 September 1996.
 (2) Despite subsection (1), the ACCC is not required by that subsection to specify a particular service in the statement if the ACCC is satisfied that specifying the service would not promote the long‑term interests of end‑users of the service or of services supplied by means of the service.
 (3) For the purposes of subsection (2), the question whether a particular thing promotes the long‑term interests of end‑users of services is to be determined in the same manner as it is determined for the purposes of Part XIC of the Trade Practices Act 1974.
 (4) Despite subsection (1), the ACCC must not specify a service if:
 (a) the service is supplied using an AMPS network; and
 (b) the ACCC is satisfied that the specification of the service would be inconsistent with the policies embodied in Part 19 of the Telecommunications Act 1997.
 (5) The ACCC must also specify in the statement an eligible service that is:
 (a) necessary for the purposes of enabling the supply of a broadcasting service by means of line links that deliver signals to end‑users; and
 (b) of a kind that was used for those purposes on 13 September 1996.
 (6) If the registration of an access agreement, or a variation of an access agreement, under section 144 of the Telecommunications Act 1991 occurs during the period:
 (a) beginning on 13 September 1996; and
 (b) ending at the end of 30 June 1997;
the ACCC may also specify in the statement an eligible service that was covered by the access agreement or by the variation, as the case requires.
 (7) The ACCC must consult AUSTEL about the preparation or variation of the statement.
 (8) The ACCC must not prepare or vary the statement unless the ACCC has first:
 (a) published a draft of the statement or variation and invited people to make submissions to the ACCC on the draft; and
 (b) considered any submissions that were received within the time limit specified by the ACCC when it published the draft.
 (9) A copy of the statement, and of any variation of the statement, is to be published in the Gazette.
 (10) Part XIC of the Trade Practices Act 1974 has effect, in relation to an eligible service specified in the statement, as if the ACCC had:
 (a) made an instrument under subsection 152AL(3) of that Act