Document ID: chunk:federal_register_of_legislation:C2004A04938:body:0:p26
Version: federal_register_of_legislation:C2004A04938
Segment Type: other
Provision Reference: 
Character Range: 68961–71838

declares the service, the declaration must specify the expiry date of the declaration.

"(9) If the designated Minister does not publish under subsection (7) within 60 days after receiving the declaration recommendation, the designated Minister is taken, at the end of that 60-day period, to have decided not to declare the service and to have published that decision not to declare the service.

Duration and effect of declaration

"44I.(1) Subject to this section, a declaration begins to operate at a time specified in the declaration. The time cannot be earlier than 21 days after the declaration is published.

"(2) If an application for review of a declaration is made within 21 days after the declaration is published, the declaration does not begin to operate until the Tribunal makes its decision on the review.

"(3) A declaration continues in operation until its expiry date, unless it is earlier revoked.

"(4) The expiry or revocation of a declaration does not affect:

    (a) the arbitration of an access dispute that was notified before the expiry or revocation; or

    (b) the operation or enforcement of any determination made in the arbitration of an access dispute that was notified before the expiry or revocation.

Revocation of declaration

"44J.(1) The Council may recommend to the designated Minister that a declaration be revoked.

"(2) The Council cannot recommend revocation of a declaration unless it is satisfied that, at the time of the recommendation, subsection 44H(4) would prevent the designated Minister from declaring the service concerned.

"(3) On receiving a revocation recommendation, the designated Minister must either revoke the declaration or decide not to revoke the declaration.

"(4) The designated Minister must publish the decision to revoke or not to revoke.

"(5) If the designated Minister decides not to revoke, the designated Minister must give reasons for the decision to the provider of the declared service when the designated Minister publishes the decision.

"(6) The designated. Minister cannot revoke a declaration without receiving a revocation recommendation.

Review of declaration

"44K.(1) If the designated Minister declares a service, the provider may apply in writing to the Tribunal for review of the declaration.

"(2) If the designated Minister decides not to declare a service, an application in writing for review of the designated Minister's decision may be made by the person who applied for the declaration recommendation.

"(3) An application for review must be made within 21 days after publication of the designated Minister's decision.

"(4) The review by the Tribunal is a re-consideration of the matter.

"(5) For the purposes of the review, the Tribunal has the same powers as the designated Minister.

"(6) The member of the Tribunal presiding at the review may require the Council to give