Document ID: chunk:federal_register_of_legislation:C2012C00891:clause:1_152bci:p2
Version: federal_register_of_legislation:C2012C00891
Segment Type: clause
Provision Reference: sch 1 cl 152BCI (pt 2/2)
Character Range: 195531–197524

relation to the declaration;
then:
 (d) the Commission may defer holding a public inquiry under Part 25 of the Telecommunications Act 1997 about a proposal to make an access determination relating to access to the declared service until the Commission decides whether to extend or further extend the expiry date for the declaration; and
 (e) if the Commission decides to extend or further extend the expiry date for the declaration—the Commission must commence to hold such a public inquiry before the expiry date for the current access determination; and
 (f) if the Commission decides not to extend or further extend the expiry date for the declaration—the Commission is not required to hold such a public inquiry.
 (7) If:
 (a) a declaration is in force under section 152AL; and
 (b) an access determination has previously been made in relation to access to the declared service; and
 (c) after holding a public inquiry under subsection 152ALA(7) in relation to the declaration, the Commission decides to allow the declaration to expire without making a new declaration under section 152AL;
the Commission is not required to hold a public inquiry under Part 25 of the Telecommunications Act 1997 about a proposal to make an access determination relating to access to the declared service.
Note: If a service is a declared service under subsection 152AL(7) (which deals with special access undertakings), there is no need for the Commission to make a declaration of the service under section 152AL.
 (8) Despite anything else in this section, if:
 (a) the Commission makes binding rules of conduct that relate to access to a declared service; and
 (b) no access determination is in force in relation to access to the declared service;
the Commission must, within 30 days after the binding rules of conduct are made, commence to hold a public inquiry under Part 25 of the Telecommunications Act 1997 about a proposal to make an access determination relating to access to the declared service.