Document ID: chunk:federal_register_of_legislation:C2005A00119:clause:11_56
Version: federal_register_of_legislation:C2005A00119
Segment Type: clause
Provision Reference: sch 11 cl 56
Character Range: 52671–54357

56  Variation of final operational separation plan

 (1) This clause applies if:
 (a) a final operational separation plan is in force; and
 (b) Telstra gives the Minister a draft variation of the plan.

 (2) The Minister must:
 (a) approve the variation; or
 (b) refuse to approve the variation.

 (3) In deciding whether to approve the variation, the Minister must have regard to the following matters:
 (a) the extent to which the final operational separation plan, as proposed to be varied, is likely to achieve the aim and objects of this Part; and
 (b) such other matters (if any) as are specified in a written determination made by the Minister under this paragraph.

 (4) Subclause (3) does not limit the matters to which the Minister may have regard.

 (5) If the Minister neither approves, nor refuses to approve, the variation before the end of the period of 90 days after the day on which the Minister received the draft variation, the Minister is taken, at the end of that period, to have approved the variation under subclause (2).

 (6) As soon as practicable after deciding whether to approve the variation, the Minister must notify Telstra in writing of the decision.

 (7) If the Minister refuses to approve the variation, the Minister must notify Telstra in writing of the Minister's reasons for the refusal.

 (8) If the Minister approves the variation, the plan is varied accordingly.

 (9) A determination under paragraph (3)(b) is a legislative instrument for the purposes of the Legislative Instruments Act 2003.

 (10) A variation of a final operational separation plan is not a legislative instrument for the purposes of the Legislative Instruments Act 2003.