When public inquiry must be held
(1) If: (a) the Commission makes a declaration under section 152AL after the commencement of this section; and (b) 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. (2) If: (a) a declaration is in force under section 152AL immediately after the commencement of this section; and (b) 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. (3) If: (a) a declaration is in force under section 152AL; and (b) an access determination has previously been made in relation to access to the declared service; the Commission must, during the period: (c) beginning 18 months before the expiry date for the access determination; and (d) 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. (4) Subsection (3) has effect subject to subsections (5), (6) and (7). (5) If: (a) a declaration (the current declaration) is in force under section 152AL; and (b) an access determination has previously been made in relation to access to the declared service; and (c) the expiry date of the current declaration is extended or further extended for a period of not more than 12 months; and (d) 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. (6) If: (a) a declaration is in force under section 152AL; and (b) an access determination (the current determination) is in force in relation to access to the declared service; and (c) the Commission commences to hold a public inquiry under subsection 152ALA(7) in relation to the declaration; then: (d) 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 (e) 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 (f) 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. (7) If: (a) a declaration is in force under section 152AL; and (b) an access determination has previously been made in relation to access to the declared service; and (c) 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. Note: 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. (8) Despite anything else in this section, if: (a) the Commission makes binding rules of conduct that relate to access to a declared service; and (b) 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.
Sourced from the Federal Register of Legislation at 22 May 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au. Verify the current text against the official source before relying on it.
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