Competition and Consumer Act 2010

A declaration under section 152AL must specify an expiry date for the declaration.

In specifying an expiry date, the Commission must have regard to:

the principle that the expiry date for a declaration should occur in the period:

beginning 3 years after the declaration was made; and

ending 5 years after the declaration was made;

such other matters (if any) as the Commission considers relevant.

Subsection (2) has effect subject to subsection (4).

The Commission may, by notice published in the Gazette, extend or further extend the expiry date of a specified declaration under section 152AL, so long as the extension or further extension is for a period of not more than 5 years.

Unless sooner revoked, a declaration under section 152AL ceases to be in force on the expiry date of the declaration.

If a declaration under section 152AL expires, this Part does not prevent the Commission from making a fresh declaration under section 152AL in the same terms as the expired declaration.

If the fresh declaration comes into force immediately after the expiry of the expired declaration, the fresh declaration is taken to be a declaration that replaces the expired declaration.

The Commission must:

during the 18‑month period ending on the expiry date of a declaration, hold a public inquiry under Part 25 of the Telecommunications Act 1997 about:

whether to extend or further extend the expiry date of the declaration; and

whether to revoke the declaration; and

whether to vary the declaration; and

whether to allow the declaration to expire without making a new declaration under section 152AL; and

whether to allow the declaration to expire and then to make a new declaration under section 152AL; and

whether to extend or further extend the expiry date of a declaration by a period of not more than 12 months and then to allow the declaration to expire without making a new declaration under section 152AL; and

prepare a report about the inquiry under section 505 of the Telecommunications Act 1997; and

publish the report during the 180‑day period ending on the expiry date of the first‑mentioned declaration.

If:

after holding a public inquiry under subsection (7) in relation to a declaration, the Commission allows the declaration to expire and then makes a new declaration under section 152AL; and

the report mentioned in paragraph (7)(b) was published during the 180‑day period ending when the new declaration was made;

If:

after holding a public inquiry under subsection (7) in relation to a declaration, the Commission revokes or varies the declaration; and

the report mentioned in paragraph (7)(b) was published during the 180‑day period ending at the time of the revocation or variation;

A notice under subsection (4) is not, and is taken never to have been, a legislative instrument.

If:

a declaration was made under section 152AL before the commencement of this subsection; and

a notice relating to the declaration was published under subsection (4) of this section before the commencement of this subsection; and

the declaration ceased to be in force before the commencement of this subsection;

For the purposes of paragraph (11)(c), assume that the Legislation Act 2003 had never been enacted.

Subsections (10) and (11) are enacted for the avoidance of doubt.