Document ID: chunk:federal_register_of_legislation:C2005A00119:clause:11_63
Version: federal_register_of_legislation:C2005A00119
Segment Type: clause
Provision Reference: sch 11 cl 63
Character Range: 60820–62626

63  Variation of final rectification plan

 (1) This clause applies if:
 (a) a final rectification plan is in force; and
 (b) the plan relates to a particular contravention; and
 (c) Telstra gives the Minister a draft variation of the plan.

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

 (3) In deciding whether to approve the variation, the Minister must have regard to the following matters:
 (a) the extent to which the action proposed to be taken by Telstra under the plan as proposed to be varied will be likely to ensure that:
 (i) the contravention ceases; and
 (ii) there is no repetition of the contravention in the future;
 (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 variation before the end of the period of 90 days after the day on which the Minister received the draft variation, the Minister is taken, at the end of that period, to have approved the variation under subclause (2).

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

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

 (8) If the Minister approves the variation, the plan is varied accordingly.

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

 (10) A variation of a final rectification plan is not a legislative instrument for the purposes of the Legislative Instruments Act 2003.