Document ID: chunk:federal_register_of_legislation:C2012A00044:clause:1_8j:p1
Version: federal_register_of_legislation:C2012A00044
Segment Type: clause
Provision Reference: sch 1 cl 8J (pt 1/2)
Character Range: 26282–29207

8J  Declaration about alternative contractual arrangements relating to standard telephone services

Initial declaration
 (1) During the period:
 (a) beginning 18 months after the commencement of this section; and
 (b) ending 23 months after the commencement of this section;
the Minister must make either of the following declarations:
 (c) a declaration that, in his or her opinion, there are satisfactory alternative contractual arrangements relating to standard telephone services;
 (d) a declaration that the 18‑month period starting immediately after the declaration is made is the first declaration deferral period for the purposes of this section.
 (2) If:
 (a) a declaration is made under paragraph (1)(c) or (d); and
 (b) the declaration is not in force as at the later of the following times:
 (i) the end of the period of 26 months that began at the commencement of this section;
 (ii) the start of the day immediately after the last day on which a resolution referred to in subsection 42(1) of the Legislative Instruments Act 2003 disallowing the declaration could be passed;
the 18‑month period starting immediately after the declaration was made is the first declaration deferral period for the purposes of this section.

Subsequent declarations
 (3) Before the end of the first declaration deferral period, the Minister must make either of the following declarations:
 (a) a declaration that, in his or her opinion, there are satisfactory alternative contractual arrangements relating to standard telephone services;
 (b) a declaration that the 18‑month period starting immediately after the declaration is made is the second declaration deferral period for the purposes of this section.
 (4) If:
 (a) a declaration is made under paragraph (3)(a) or (b); and
 (b) the declaration is not in force as at the later of the following times:
 (i) the end of the 3‑month period starting immediately after the end of the first declaration deferral period;
 (ii) the start of the day immediately after the last day on which a resolution referred to in subsection 42(1) of the Legislative Instruments Act 2003 disallowing the declaration could be passed;
the 18‑month period starting immediately after the declaration was made is the second declaration deferral period for the purposes of this section.
 (5) Before the end of the second declaration deferral period, the Minister must make either of the following declarations:
 (a) a declaration that, in his or her opinion, there are satisfactory alternative contractual arrangements relating to standard telephone services;
 (b) a declaration that, in his or her opinion, there are no satisfactory alternative contractual arrangements relating to standard telephone services.

Criteria for making declaration
 (6) The Minister must not make a declaration under paragraph (1)(c), (3)(a) or (5)(a) unless:
 (a) Telstra has entered into a contract under section 13 of the