Document ID: chunk:federal_register_of_legislation:C2023C00417:section:33
Version: federal_register_of_legislation:C2023C00417
Segment Type: section
Provision Reference: s 33
Character Range: 67332–69026

33  Directions about disposal of assets
 (1) The Communications Minister and the Finance Minister may, by written notice given to an NBN corporation:
 (a) direct the NBN corporation:
 (i) to dispose of one or more specified assets of the NBN corporation (otherwise than by transferring the asset to another NBN corporation); and
 (ii) to do so within the period specified in the notice; and
 (b) give such other directions to the NBN corporation as the Communications Minister and the Finance Minister consider necessary for the purposes of securing the disposal.
 (2) In deciding whether to give a direction under subsection (1), the Communications Minister and the Finance Minister must have regard to the following:
 (a) whether the direction will promote the long‑term interests of end‑users of carriage services or of services provided by means of carriage services;
 (b) if the Communications Minister and the Finance Minister have required the ACCC under section 35 to give advice about the giving of the direction—the advice given in compliance with the requirement;
 (c) such other matters (if any) as the Communications Minister and the Finance Minister consider relevant.
Note: For long‑term interests of end‑users of carriage services or of services provided by means of carriage services, see section 94.
 (3) The Communications Minister and the Finance Minister must not give a direction under subsection (1) to an NBN corporation unless the NBN corporation is a constitutional corporation.
 (4) An NBN corporation must comply with a direction under subsection (1) that is applicable to the NBN corporation.
 (5) A direction under subsection (1) is not a legislative instrument.