152ALADuration of declaration

152ALA Duration of declaration

Expiry date

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

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

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

(i) beginning 3 years after the declaration was made; and

(ii) ending 5 years after the declaration was made;

unless, in the Commission’s opinion, there are circumstances that warrant the expiry date occurring in a shorter or longer period; and

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

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

Extension of expiry date

(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.

Duration of declaration

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

Fresh declaration

(6) 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.

(6A) 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.

Public inquiry during 18‑month period ending on the expiry date of a declaration

(7) The Commission must:

(a) 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:

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

(ii) whether to revoke the declaration; and

(iii) whether to vary the declaration; and

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

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

(vi) 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

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

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