Document ID: chunk:federal_register_of_legislation:C2012C00870:clause:1_38
Version: federal_register_of_legislation:C2012C00870
Segment Type: clause
Provision Reference: sch 1 cl 38
Character Range: 34752–35552

38  After subsection 152AL(3)
Insert:
 (3A) A declaration under subsection (3) does not apply to an eligible service to the extent to which the service is supplied, or is capable of being supplied, by an NBN corporation (whether to itself or to other persons).
 (3B) Before commencing to hold a public inquiry under Part 25 of the Telecommunications Act 1997 about a proposal to make a declaration under subsection (3) in relation to an eligible service, the Commission must consider whether to hold a public inquiry under that Part about a proposal to make a declaration under subsection (8A) in relation to the service.
Note: For combined public inquiries, see section 152AN.
Note: The heading to subsection 152AL(3) is altered by adding at the end "—services not supplied by an NBN corporation".