152BCFDuration of access determination

152BCF Duration of access determination

(1) An access determination relating to access to a declared service:

(a) comes into force on the day specified in the determination as the day on which the determination is to come into force; and

(b) unless sooner revoked, ceases to be in force on the expiry date for the determination.

(2) The specified day may be earlier than the day on which the determination was made.

(2A) The specified day must not be earlier than the date of commencement of this section.

(3) If the declared service is covered by a declaration under section 152AL, and the declaration is not a fresh declaration that replaces a previous declaration, the specified day must not be earlier than the day on which the declaration came into force.

(3A) If the declared service is covered by subsection 152AL(7), the specified day must not be earlier than the day on which the service became a declared service under that subsection.

(3B) If the declared service is covered by subsection 152AL(8D), the specified day must not be earlier than the day on which the service became a declared service under that subsection.

(3C) If the declared service is covered by subsection 152AL(8E), the specified day must not be earlier than the day on which the service became a declared service under that subsection.

(4) If:

(a) an access determination is expressed to replace a previous access determination relating to access to the declared service; and

(b) the previous access determination is not an interim access determination;

the specified day must be the first day after the expiry of the previous access determination.

(4A) If:

(a) an access determination is expressed to replace a previous access determination relating to access to the declared service; and

(b) the previous access determination is an interim access determination; and

(c) the declared service is covered by a declaration under section 152AL;

the specified day must not be earlier than the day on which the declaration came into force.

Expiry date

(5) An access determination must specify an expiry date for the determination.

(6) In specifying an expiry date for an access determination, the Commission must have regard to:

(a) in a case where the declared service is covered by a declaration under section 152AL—the principle that the expiry date for the determination should be the same as the expiry date for the declaration (as that declaration stood at the time when the access determination was made) unless, in the Commission’s opinion, there are circumstances that warrant the specification of another date as the expiry date for the access determination; and