Document ID: chunk:federal_register_of_legislation:C2025C00189:section:152be:p2
Version: federal_register_of_legislation:C2025C00189
Segment Type: section
Provision Reference: s 152BE (pt 2/2)
Character Range: 1967644–1968842

extent (if any) to which the agreement is covered by subparagraph (1)(e)(ix) or (x).
 (2) If:
 (a) an agreement relates to access to an eligible service (within the meaning of section 152AL); and
 (b) at the time the agreement was entered into to, the eligible service was a not a declared service; and
 (c) at a later time (the declaration time), the eligible service becomes a declared service; and
 (d) if the agreement had been entered into immediately after the declaration time, the agreement would have been an access agreement;
the agreement becomes an access agreement immediately after the declaration time.
 (3) If:
 (a) an access agreement is varied by another agreement (the variation agreement); and
 (b) the variation agreement is in writing; and
 (c) the variation agreement is legally enforceable;
a reference in this Part to the access agreement is a reference to the access agreement as varied by the variation agreement.
 (4) It is immaterial whether an access agreement or variation agreement was entered into before or after the commencement of this section.
 (5) An access agreement is not a legislative instrument.
 (6) A variation agreement is not a legislative instrument.