Document ID: chunk:federal_register_of_legislation:C2004A01077:clause:2_152ata:p1
Version: federal_register_of_legislation:C2004A01077
Segment Type: clause
Provision Reference: sch 2 cl 152ATA (pt 1/2)
Character Range: 33812–36572

152ATA  Anticipatory individual exemptions from standard access obligations

Application for exemption order

 (1) A person who is, or expects to be, a carrier or a carriage service provider may apply to the Commission for a written order that, in the event that a specified service or proposed service becomes an active declared service, the person is exempt from any or all of the obligations referred to in section 152AR, to the extent to which the obligations relate to the active declared service.

 (2) An application under subsection (1) must be:
 (a) in writing; and
 (b) in a form approved in writing by the Commission for the purposes of this paragraph.

Commission must make exemption order or refuse application

 (3) After considering the application, the Commission must:
 (a) make a written order that, in the event that the service or proposed service becomes an active declared service, the applicant is exempt from one or more of the obligations referred to in section 152AR, to the extent to which the obligations relate to the active declared service; or
 (b) refuse the application.

 (4) An order under paragraph (3)(a) may be unconditional or subject to such conditions or limitations as are specified in the order.

 (5) An order under paragraph (3)(a) has effect accordingly.

Criteria for making exemption order

 (6) The Commission must not make an order under paragraph (3)(a) unless the Commission is satisfied that the making of the order will promote the long‑term interests of end‑users of carriage services or of services provided by means of carriage services.

Expiry time for exemption order

 (10) An order under paragraph (3)(a) must specify the expiry time for the order. If an order expires, this Part does not prevent the Commission from making:
 (a) a fresh order under paragraph (3)(a) in the same terms as the expired order; or
 (b) if the service or proposed service has become an active declared service—an order under section 152AT in relation to the service.

 (10A) The expiry time for the order may be described by reference to the end of a period beginning when the service or proposed service becomes an active declared service.

 (10B) Subsection (10A) does not, by implication, limit subsection (10).

Consultation

 (11) If, in the Commission's opinion, the making of an order under paragraph (3)(a) is likely to have a material effect on the interests of a person, then, before making the order, the Commission must first:
 (a) publish the application for the order and invite people to make submissions to the Commission on the question of whether the order should be made; and
 (b) consider any submissions that were received within the time limit specified by the Commission when it published the