42AFunctions of consumer trustee—the Act, s 60(4)

42A Functions of consumer trustee—the Act, s 60(4)

42A Functions of consumer trustee—the Act, s 60(4)

(1) The consumer trustee has the functions set out in this clause in relation to an access scheme if—

(a) the declaration for the access scheme provides for situations in which the infrastructure planner may grant or increase an access right based on a recommendation from the consumer trustee, or

(b) the infrastructure planner requests the consumer trustee to conduct a competitive tender in relation to the granting or increasing of access rights under the access scheme.

(2) The consumer trustee must—

(a) make rules, in consultation with the infrastructure planner, about the conduct of a competitive tender in relation to the granting or increasing of access rights, and

(b) for a competitive tender requested by the infrastructure planner, conduct the competitive tender—

(i) within 60 days after the request, or

(ii) at the same time as the first competitive tender for an LTES agreement that occurs after 60 days after the request, or

(iii) if there is no competitive tender for an LTES agreement within 8 months of the request—by no later than 8 months after the request, and

(b1) give the infrastructure planner information—

(i) received by the consumer trustee as part of a competitive tender, and

(ii) relating to the type, magnitude and timing of a person’s proposed connection to an access rights network, and

(c) make recommendations to the infrastructure planner based on the outcome of the competitive tender, and

(d) prepare a report on the competitive tender and the recommendations and give the report to the infrastructure planner.

cl 42A: Ins 2022 (465), Sch 1[5]. Am 2022 (751), Sch 1[1] [2]; 2024 (96), Sch 1[10]; 2024 (472), Sch 1[4]; 2024 (626), Sch 1[3].