Document ID: chunk:federal_register_of_legislation:C2025C00189:section:152al:p3
Version: federal_register_of_legislation:C2025C00189
Segment Type: section
Provision Reference: s 152AL (pt 3/3)
Character Range: 1857057–1859272

to the extent to which it is supplied, or is capable of being supplied, by the NBN corporation (whether to itself or to other persons) is a declared service; and
 (f) the declared service relates to the NBN corporation for the purposes of subsections 152AXB(2) and 152AXC(7).

Services covered by special access undertakings—services supplied by an NBN corporation
 (8E) If:
 (a) an NBN corporation gives the Commission a special access undertaking in relation to a service or a proposed service; and
 (b) the undertaking is in operation; and
 (c) the NBN corporation supplies the service or proposed service (whether to itself or to other persons);
then:
 (d) the service supplied by the NBN corporation is a declared service; and
 (e) the declared service relates to the NBN corporation for the purposes of subsections 152AXB(2) and 152AXC(7).
To avoid doubt, if the undertaking is subject to limitations, the service supplied by the NBN corporation is a declared service only to the extent to which the service falls within the scope of the limitations.
 (8F) The Commission may declare a service under subsection (8A) even if the service is, to any extent, covered by subsection (8E).

Declaration is not a legislative instrument
 (9) A declaration under this section is not, and is taken never to have been, a legislative instrument.
 (10) A variation of a declaration made under this section is not, and is taken never to have been, a legislative instrument.
 (11) A revocation of a declaration made under this section is not, and is taken never to have been, a legislative instrument.
 (12) If:
 (a) a declaration was made under this section before the commencement of this subsection; and
 (b) the declaration ceased to be in force before the commencement of this subsection;
then:
 (c) the declaration is taken never to have been a legislative instrument; and
 (d) if the declaration was varied or revoked before the commencement of this subsection—the variation or revocation is taken never to have been a legislative instrument.
 (13) For the purposes of paragraph (12)(b), assume that the Legislation Act 2003 had never been enacted.
 (14) Subsections (9) to (12) are enacted for the avoidance of doubt.