61Declaration of community service obligation

61 Declaration of community service obligation

(1)  In this section, prescribed period means –

(a) [Section 61 Subsection (1) amended by No. 42 of 2002, Sched. 1, Applied:27 Nov 2002] the period of 60 days after the Treasurer receives an application under section 60 ; or

(b) [Section 61 Subsection (1) amended by No. 42 of 2002, Sched. 1, Applied:27 Nov 2002] if the Treasurer has required under section 60 (5) that further information or documents be provided, the period of 60 days after receiving the required information or documents; or

(c) [Section 61 Subsection (1) amended by No. 42 of 2002, Sched. 1, Applied:27 Nov 2002] such further period as the Treasurer and Portfolio Minister jointly agree.

(2)  [Section 61 Subsection (2) amended by No. 42 of 2002, Sched. 1, Applied:27 Nov 2002] Within the prescribed period the Treasurer must declare that the function, service or concession to which the application relates is or is not a community service obligation.

(3)  [Section 61 Subsection (3) amended by No. 42 of 2002, Sched. 1, Applied:27 Nov 2002] After consulting with the Portfolio Minister, the Treasurer must, and may only, declare a function, service or concession to be a community service obligation if the Treasurer is satisfied–

(a) that the function, service or concession is, or will be, performed, provided or allowed–

(i) as the result of a direction given to the Government Business Enterprise under this or any other Act; or

(ii) as the result of a specific requirement by or under this or any other Act; and

(b) that the function, service or concession would not have been performed, provided or allowed if the Government Business Enterprise were a business in the private sector acting in accordance with sound commercial practice.