Document ID: chunk:federal_register_of_legislation:C2004A00735:clause:1_12a
Version: federal_register_of_legislation:C2004A00735
Segment Type: clause
Provision Reference: sch 1 cl 12A
Character Range: 38512–39935

12A  Determination of primary universal service providers

 (1) The Minister may determine in writing that a specified carrier or carriage service provider is the primary universal service provider for a universal service area in respect of a service obligation.

 (2) The Minister may determine:
 (a) different primary universal service providers in respect of different service obligations for the same universal service area; and
 (b) the same person as the primary universal service provider for one or more universal service areas in respect of one or more service obligations.

 (3) In exercising his or her powers under this section, the Minister must ensure that at all times there is one primary universal service provider, in respect of each service obligation, for each universal service area.

 (4) In deciding whether to make a determination that a person is a primary universal service provider, the Minister is limited to considering factors that are relevant to achieving the objects of this Act.

 (5) The Minister must give to the person and to the ACA a copy of the determination.

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

Note: A determination that the Minister is taken to have made under this section because of section 12D or 12E is not a disallowable instrument (see subsections 12D(2) and 12E(6)).