Document ID: chunk:federal_register_of_legislation:C2005A00119:clause:8_47
Version: federal_register_of_legislation:C2005A00119
Segment Type: clause
Provision Reference: sch 8 cl 47
Character Range: 29831–30875

47  Designated interconnection services

 (1) The Minister may, by written instrument, declare that a specified eligible service is a designated interconnection service for the purposes of this Part.

 (2) A declaration under subclause (1) has effect accordingly.

 (3) Before making a declaration under subclause (1) in relation to a service that is not an active declared service, the Minister must, by writing, request the ACCC to give a written report about whether the proposed declaration would promote the achievement of the objective of any‑to‑any connectivity (as defined by subsection 152AB(8) of the Trade Practices Act 1974).

 (4) The ACCC must give the report to the Minister within 30 days after receiving the request.

 (5) In deciding whether to make the declaration, the Minister must have regard to:
 (a) the ACCC's report; and
 (b) such other matters (if any) as the Minister considers relevant.

 (6) A declaration under subclause (1) is a legislative instrument for the purposes of the Legislative Instruments Act 2003.