Document ID: chunk:federal_register_of_legislation:C2004A00735:clause:1_13t
Version: federal_register_of_legislation:C2004A00735
Segment Type: clause
Provision Reference: sch 1 cl 13T
Character Range: 87060–89003

13T  Variation of approved policy statement, approved standard marketing plan or approved ATS marketing plan

 (1) This section applies if:
 (a) an approved policy statement for a competing universal service provider (the current statement) is in force; or
 (b) an approved standard marketing plan for a competing universal service provider (the current plan) is in force; or
 (c) an approved ATS marketing plan for a competing universal service provider (the current plan) is in force;
and the provider gives the ACA a draft variation of the current statement or current plan.

 (2) The ACA must:
 (a) approve the variation; or
 (b) refuse to approve the variation.

 (3) Before deciding whether to approve the variation, the ACA may, if the ACA considers it appropriate, require the provider:
 (a) to publish a preliminary version of the draft variation and invite members of the public to make submissions to the provider about the preliminary version within a specified period; and
 (b) to give consideration to any submissions from members of the public received within that period; and
 (c) to advise the ACA on those submissions and any changes made to the draft variation as a result.

 (4) The ACA must not approve the variation unless it is satisfied that:
 (a) in the case of a draft variation of an approved policy statement—if the provider were to give the ACA a draft policy statement in the same terms as the current statement as varied, the ACA would approve that draft; or
 (b) in the case of a draft variation of an approved standard marketing plan—if the provider were to give the ACA a draft standard marketing plan in the same terms as the current plan as varied, the ACA would approve that draft; or
 (c) in the case of a draft variation of an approved ATS marketing plan—if the provider were to give the ACA a draft ATS marketing plan in the same terms as the current plan as varied, the ACA would approve that draft.