Document ID: chunk:federal_register_of_legislation:C2005A00119:clause:11_54
Version: federal_register_of_legislation:C2005A00119
Segment Type: clause
Provision Reference: sch 11 cl 54
Character Range: 50387–52176

54  Approval of draft by Minister

 (1) This clause applies if Telstra gives the Minister a draft operational separation plan.

 (2) The Minister must:
 (a) approve the plan; or
 (b) refuse to approve the plan.

 (3) In deciding whether to approve the plan, the Minister must have regard to the following matters:
 (a) the extent to which the plan is likely to achieve the aim and objects of this Part; and
 (b) such other matters (if any) as are specified in a written determination made by the Minister under this paragraph.

 (4) Subclause (3) does not limit the matters to which the Minister may have regard.

 (5) If the Minister neither approves, nor refuses to approve, the plan before the end of the period of 90 days after the day on which the Minister received the draft plan, the Minister is taken, at the end of that period, to have approved the plan under subclause (2).

 (6) As soon as practicable after deciding whether to approve the plan, the Minister must notify Telstra in writing of the decision.

 (7) If the Minister refuses to approve the plan, the Minister must notify Telstra in writing of the Minister's reasons for the refusal.

 (8) If the Minister refuses to approve the plan, the Minister may, by written notice given to Telstra, direct Telstra to:
 (a) vary the draft plan in accordance with the direction; and
 (b) give the varied draft plan to the Minister under subclause (1).
Telstra must give the varied draft plan to the Minister within 60 days after the day on which the direction was given.

 (9) A determination under paragraph (3)(b) is a legislative instrument for the purposes of the Legislative Instruments Act 2003.

 (10) A direction under subclause (8) is a legislative instrument for the purposes of the Legislative Instruments Act 2003.