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reg 11

When this Division commences to apply to a network operator

In force

11 When this Division commences to apply to a network operator

(1)

The obligations in this Division apply to and in relation to a network operator, and each network of the network operator, on and after the earlier of —

(a)

the day that the network operator nominates as the day on which the obligations commence to apply to the network operator; and

(b)

the implementation day for the network operator.

(2)

To nominate a day for the purposes of subregulation (1)(a), a network operator must notify the Director in writing of the day, at least 20 working days prior to the day.

(3)

If the day nominated by a network operator for the purposes of subregulation (1)(a) is before the implementation day for the network operator, the Director must publish notice of that day on a website maintained on behalf of the Director.

(4)

The implementation day for a network operator is —

(a)

the last day of the 2 year period immediately following the day on which the network operator becomes a network operator; or

(b)

if a later day is approved by the Director under subregulation (5) for the network operator — the day approved.

(5)

The Director may, on application by a network operator, approve in writing a day that is later than the day specified in subregulation (4)(a) as the implementation day for the network operator if the Director considers it appropriate in the circumstances to do so.

(6)

An application for an approval under subregulation (5) must —

(a)

be in writing; and

(b)

nominate a day by which the network operator intends to have developed its safety management system; and

(c)

state the reasons for the application.

(7)

If the Director approves a day under subregulation (5), the Director must publish notice of that day on a website maintained on behalf of the Director.

(8)

This regulation has effect subject to regulation 12.

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