Document ID: chunk:federal_register_of_legislation:C2004A00735:clause:1_15
Version: federal_register_of_legislation:C2004A00735
Segment Type: clause
Provision Reference: sch 1 cl 15
Character Range: 92481–94326

15  Digital data service providers

 (1) The Minister may make a written determination stating that a specified carrier or carriage service provider is a general digital data service provider for a specified general digital data service area.

 (2) The Minister may make a written determination stating that a specified carrier or carriage service provider is a special digital data service provider for a specified special digital data service area.

 (3) In deciding whether to make a determination 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.

 (4) A determination under subsection (1) or (2) has effect accordingly.

 (5) A determination under subsection (1) or (2) takes effect on the day specified in it. That day must not be before the day on which the notice of the determination is published in the Gazette.

 (6) A revocation of a determination under subsection (1) or (2) takes effect on the day specified in the instrument of revocation. That day must not be before the day on which notice of the instrument is published in the Gazette.

 (7) If:
 (a) a determination is in force under subsection (1) or (2) in relation to a particular carrier; and
 (b) at a particular time, the carrier ceases to hold a carrier licence;
the determination ceases to be in force at that time.

 (8) If:
 (a) a determination is in force under subsection (1) or (2) in relation to a particular carriage service provider that is not a carrier; and
 (b) at a particular time, the carriage service provider ceases to be such a provider;
the determination ceases to be in force at that time.

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