Document ID: chunk:federal_register_of_legislation:C2012A00044:clause:1_8h:p2
Version: federal_register_of_legislation:C2012A00044
Segment Type: clause
Provision Reference: sch 1 cl 8H (pt 2/2)
Character Range: 24372–26280

the Minister has made a declaration under section 8J that, in the Minister's opinion, there are satisfactory alternative contractual arrangements relating to standard telephone services; and
 (b) the Minister has the power to make one or more declarations under subsection (2) or (6), or both, of this section;
the Minister must ensure that at least one of those declarations is made within 90 days after the section 8J declaration comes into force.

Consideration of whether to make a declaration
 (11) The Minister must, at least once every 6 months during the period:
 (a) beginning when the first declaration is made under this section; and
 (b) ending at the earliest of the following times:
 (i) if Telstra has entered into a contract under section 13 of the Telecommunications Universal Service Management Agency Act 2012 for a purpose relating to the achievement of the policy objective set out in paragraph 11(a) of that Act—when the contract ceases to be in force;
 (ii) if any of the provisions of a final migration plan cease to have effect in compliance with the migration plan principles (see section 577BB of the Telecommunications Act 1997)—at the time of that cessation;
 (iii) if the Minister makes a declaration under section 48 of the National Broadband Network Companies Act 2011 that, in his or her opinion, the national broadband network should be treated as built and fully operational—when the declaration is made;
consider whether to make a declaration under subsection (2) or (6) of this section.
 (12) Subsection (11) does not limit the power of the Minister to make a declaration under this section at any other time.

Declarations
 (13) The Minister must cause a declaration under this section to be published on the Department's website.
 (14) A declaration under this section cannot be varied or revoked.
 (15) A declaration under this section is not a legislative instrument.