Document ID: chunk:federal_register_of_legislation:C2005A00119:clause:11_51
Version: federal_register_of_legislation:C2005A00119
Segment Type: clause
Provision Reference: sch 11 cl 51
Character Range: 47405–49169

51  Contents of draft or final operational separation plan

 (1) A draft or final operational separation plan must:
 (a) be directed towards the achievement of the aim and objects of this Part; and
 (b) contain provisions requiring Telstra:
 (i) within a specified period after the end of each financial year, to prepare a report about the extent to which Telstra complied with the plan during that year; and
 (ii) to give the report to the Minister; and
 (iii) to make a copy of the report, or extracts from the report, available on Telstra's Internet site; and
 (c) contain provisions requiring Telstra:
 (i) within a specified period after the end of each financial year, to arrange for an independent audit of the extent to which Telstra complied with the plan during that year, and to obtain a report of that independent audit; and
 (ii) to give the report to the Minister; and
 (iii) to make a copy of the report, or extracts from the report, available on Telstra's Internet site; and
 (d) comply with such requirements (if any) as are specified in a written determination made by the Minister under this paragraph.

 (2) A paragraph (1)(d) requirement may deal with the manner in which a paragraph (1)(b) or (c) requirement is to be met. This subclause does not limit paragraph (1)(d).

 (3) A draft or final operational separation plan may make provision for, or in relation to, a matter by empowering the Minister, the ACCC or the ACMA to make decisions of an administrative character.

 (4) A determination under paragraph (1)(d) is a legislative instrument for the purposes of the Legislative Instruments Act 2003.

Note: A final operational separation plan is a draft operational separation plan that has been approved by the Minister—see clause 55.