Document ID: chunk:federal_register_of_legislation:C2004A01077:clause:2_152ala
Version: federal_register_of_legislation:C2004A01077
Segment Type: clause
Provision Reference: sch 2 cl 152ALA
Character Range: 16236–18975

152ALA  Duration of declaration

Expiry date

 (1) A declaration under section 152AL must specify an expiry date for the declaration.

 (2) An expiry date must occur in the 5‑year period beginning when the declaration was made.

 (3) Subsection (2) has effect subject to subsection (4).

Extension of expiry date

 (4) The Commission may, by notice published in the Gazette, extend or further extend the expiry date of a specified declaration under section 152AL, so long as the extension or further extension is for a period of not more than 5 years.

Duration of declaration

 (5) Unless sooner revoked, a declaration under section 152AL ceases to be in force on the expiry date of the declaration.

Fresh declaration

 (6) If a declaration under section 152AL expires, this Part does not prevent the Commission from making a fresh declaration under section 152AL in the same terms as the expired declaration.

Public inquiry during 12‑month period ending on the expiry date of a declaration

 (7) The Commission must:
 (a) during the 12‑month period ending on the expiry date of a declaration, hold a public inquiry under Part 25 of the Telecommunications Act 1997 about:
 (i) whether to extend or further extend the expiry date of the declaration; and
 (ii) whether to revoke the declaration; and
 (iii) whether to vary the declaration; and
 (iv) whether to allow the declaration to expire without making a new declaration under section 152AL; and
 (v) whether to allow the declaration to expire and then to make a new declaration under section 152AL; and
 (b) prepare a report about the inquiry under section 505 of the Telecommunications Act 1997; and
 (c) publish the report during the 180‑day period ending on the expiry date of the first‑mentioned declaration.

 (8) If:
 (a) after holding a public inquiry under subsection (7) in relation to a declaration, the Commission allows the declaration to expire and then makes a new declaration under section 152AL; and
 (b) the report mentioned in paragraph (7)(b) was published during the 180‑day period ending when the new declaration was made;
the Commission is taken to have complied with paragraphs 152AL(3)(a), (b) and (c) in relation to the new declaration.

 (9) If:
 (a) after holding a public inquiry under subsection (7) in relation to a declaration, the Commission revokes or varies the declaration; and
 (b) the report mentioned in paragraph (7)(b) was published during the 180‑day period ending at the time of the revocation or variation;
the Commission is taken to have complied with paragraphs 152AL(3)(a), (b) and (c) in relation to the revocation or variation (as those paragraphs apply to the power of revocation and variation because of subsection 152AO(1)).