Document ID: chunk:federal_register_of_legislation:C2005A00119:clause:11_61
Version: federal_register_of_legislation:C2005A00119
Segment Type: clause
Provision Reference: sch 11 cl 61
Character Range: 58544–60468

61  Approval of draft by Minister

 (1) This clause applies if Telstra gives the Minister a draft rectification plan that relates to a particular contravention.

 (2) The Minister must:
 (a) approve the plan; or
 (b) refuse to approve the plan.

 (3) In deciding whether to approve the plan, the Minister must have regard to the following matters:
 (a) the extent to which the action proposed to be taken by Telstra is likely to ensure that:
 (i) the contravention ceases; and
 (ii) there is no repetition of the contravention in the future;
 (b) such other matters (if any) as are specified in a written determination made by the Minister under this paragraph.

 (4) Subclause (3) does not limit the matters to which the Minister may have regard.

 (5) If the Minister neither approves, nor refuses to approve, the plan before the end of the period of 90 days after the day on which the Minister received the draft plan, the Minister is taken, at the end of that period, to have approved the plan under subclause (2).

 (6) As soon as practicable after deciding whether to approve the plan, the Minister must notify Telstra in writing of the decision.

 (7) If the Minister refuses to approve the plan, the Minister must notify Telstra in writing of the Minister's reasons for the refusal.

 (8) If the Minister refuses to approve the plan, the Minister may, by written notice given to Telstra, direct Telstra to:
 (a) vary the draft plan in accordance with the direction; and
 (b) give the varied draft plan to the Minister under subclause (1).
Telstra must give the varied draft plan to the Minister within 60 days after the day on which the direction was given.

 (9) A determination under paragraph (3)(b) is a legislative instrument for the purposes of the Legislative Instruments Act 2003.

 (10) A direction under subclause (8) is a legislative instrument for the purposes of the Legislative Instruments Act 2003.