Document ID: chunk:federal_register_of_legislation:C2017A00114:clause:12_5
Version: federal_register_of_legislation:C2017A00114
Segment Type: clause
Provision Reference: sch 12 cl 5
Character Range: 109116–110833

5  Subsection 44F(1)
Repeal the subsection, substitute:
 (1) The designated Minister, or any other person, may apply in writing to the Council asking the Council to recommend that a particular service be declared unless:
 (a) the service is the subject of a regime for which a decision under section 44N that the regime is an effective access regime is in force (including as a result of an extension under section 44NB); or
 (b) the service is the subject of an access undertaking in operation under Division 6; or
 (c) if a decision is in force under subsection 44PA(3) approving a tender process, for the construction and operation of a facility, as a competitive tender process—the service was specified, in the application for that decision, as a service proposed to be provided by means of the facility; or
 (d) if the service is provided by means of a pipeline (within the meaning of a National Gas Law)—there is:
 (i) a 15‑year no‑coverage determination in force under the National Gas Law in respect of the pipeline; or
 (ii) a price regulation exemption in force under the National Gas Law in respect of the pipeline; or
 (e) there is a decision of the designated Minister in force under section 44LG that the service is ineligible to be a declared service.
Note: This means an application can only be made or dealt with under this Subdivision if none of paragraphs (a) to (e) apply.
 (1A) If the Council decides that one or more of paragraphs (1)(a) to (e) apply for a service mentioned in a person's purported application under that subsection, the Council must give the person written notice explaining:
 (a) why those paragraphs apply; and
 (b) that such an application cannot be made for the service.