When public inquiry must be held
152BCI When public inquiry must be held
If:
the Commission makes a declaration under section 152AL after the commencement of this section; and
no access determination has previously been made in relation to access to the declared service;
the Commission must, within 30 days after the declaration is made, commence to hold a public inquiry under Part 25 of the Telecommunications Act 1997 about a proposal to make an access determination relating to access to the declared service.
If:
a declaration is in force under section 152AL immediately after the commencement of this section; and
no access determination has previously been made in relation to access to the declared service;
the Commission must, during the 12‑month period beginning at the commencement of this section, commence to hold a public inquiry under Part 25 of the Telecommunications Act 1997 about a proposal to make an access determination relating to access to the declared service.
If:
a declaration is in force under section 152AL; and
an access determination has previously been made in relation to access to the declared service;
the Commission must, during the period:
beginning 18 months before the expiry date for the access determination; and
ending 6 months before the expiry date for the access determination;
commence to hold a public inquiry under Part 25 of the Telecommunications Act 1997 about a proposal to make an access determination relating to access to the declared service.
Subsection (3) has effect subject to subsections (5), (6) and (7).
If:
a declaration (the current declaration) is in force under section 152AL; and
an access determination has previously been made in relation to access to the declared service; and
the expiry date of the current declaration is extended or further extended for a period of not more than 12 months; and
the Commission decides to allow the current declaration to expire without making a new declaration under section 152AL;
the Commission is not required to hold a public inquiry under Part 25 of the Telecommunications Act 1997 about a proposal to make an access determination relating to access to the declared service.
If:
a declaration is in force under section 152AL; and
an access determination (the current determination) is in force in relation to access to the declared service; and
the Commission commences to hold a public inquiry under subsection 152ALA(7) in relation to the declaration;
then:
the Commission may defer holding a public inquiry under Part 25 of the Telecommunications Act 1997 about a proposal to make an access determination relating to access to the declared service until the Commission decides whether to extend or further extend the expiry date for the declaration; and
if the Commission decides to extend or further extend the expiry date for the declaration—the Commission must commence to hold such a public inquiry before the expiry date for the current access determination; and
if the Commission decides not to extend or further extend the expiry date for the declaration—the Commission is not required to hold such a public inquiry.
If:
a declaration is in force under section 152AL; and
an access determination has previously been made in relation to access to the declared service; and
after holding a public inquiry under subsection 152ALA(7) in relation to the declaration, the Commission decides to allow the declaration to expire without making a new declaration under section 152AL;
the Commission is not required to hold a public inquiry under Part 25 of the Telecommunications Act 1997 about a proposal to make an access determination relating to access to the declared service.
If a service is a declared service under subsection 152AL(7) (which deals with special access undertakings), there is no need for the Commission to make a declaration of the service under section 152AL.
Despite anything else in this section, if:
the Commission makes binding rules of conduct that relate to access to a declared service; and
no access determination is in force in relation to access to the declared service;
the Commission must, within 30 days after the binding rules of conduct are made, commence to hold a public inquiry under Part 25 of the Telecommunications Act 1997 about a proposal to make an access determination relating to access to the declared service.
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