91Appointment of network operators

91 Appointment of network operators

(1) If the Minister enters into a network operator agreement with a person, the Minister must appoint that person as a network operator.

(a) may be for a period of not more than 5 years; and

(b) is subject to any conditions or limitations specified in the appointment; and

(c) is subject to any prescribed conditions or limitations; and

(d) may at any time be varied or suspended by the Minister.

(3) It is a condition of an appointment under subsection (1) that the network operator must comply with a direction under section 92 or 93.

(4) On the application of the network operator, the Minister may renew a network operator's appointment for a further period of not more than 3 years.

(5) The Minister must not renew the appointment of a network operator under subsection (4) more than twice.

(6) The Minister must revoke the appointment of a network operator if the network operator—

(a) becomes an insolvent under administration; or

(b) is convicted or found guilty of an indictable offence or any offence that, if committed in Victoria, would constitute an indictable offence.

(7) The Minister may, at any time, revoke the appointment of a network operator—

(a) if the network operator—

(i) becomes incapable of performing the duties of a network operator; or

(ii) is negligent in the performance of the duties of a network operator; or

(iii) engages in improper conduct; or

(iv) is convicted or found guilty of an offence against this Act or the regulations; or

(v) is convicted or found guilty of an offence involving dishonesty, fraud, violence or trafficking in drugs of dependence; or

(vi) is no longer suitable to be appointed as a network operator for any other reason; or

(b) in accordance with any other circumstances authorised under the network operator agreement as a ground for the appointment to be revoked.

S. 91(8) inserted by No. 35/2023 s. 11.

(8) A revocation of an appointment of the network operator under subsection (6) or (7) must specify the day on which the appointment is to be revoked.