Document ID: chunk:federal_register_of_legislation:C2012A00044:clause:1_8k:p2
Version: federal_register_of_legislation:C2012A00044
Segment Type: clause
Provision Reference: sch 1 cl 8K (pt 2/2)
Character Range: 33326–34889

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 Telecommunications Universal Service Management Agency Act 2012; and
 (b) the contract was entered into for a purpose relating to the achievement of the policy objective set out in paragraph 11(b) of that Act; and
 (c) the contract is in force; and
 (d) neither party to the contract has given notice of termination of the contract; and
 (e) the Minister is satisfied that Telstra is likely to substantially comply with the contract, having regard to:
 (i) Telstra's record of compliance with its obligations under the contract; and
 (ii) the nature of Telstra's obligations under the contract; and
 (iii) Telstra's record of compliance with its obligations under this Part, to the extent that the obligations relate to the service obligation mentioned in paragraph 9(1)(b); and
 (iv) such other matters (if any) as the Minister considers relevant; and
 (f) the Minister has obtained advice from:
 (i) the ACMA; and
 (ii) TUSMA;
  about the making of the declaration.
 (7) Subparagraph (6)(e)(iii) does not apply to an act, omission, matter or thing that occurs before the commencement of this section.
 (8) Subsection (6) does not limit the matters to which the Minister may have regard in making a declaration under this section.

Declarations
 (9) A declaration under this section cannot be varied or revoked.
 (10) A declaration under this section is a legislative instrument.