35Advice from ACCC about disposal or transfer directions

#### 35 Advice from ACCC about disposal or transfer directions (1) The Communications Minister and the Finance Minister may, by written notice given to the ACCC, require the ACCC: (a) to give advice to the Communications Minister and the Finance Minister about whether the Communications Minister and the Finance Minister should give one or more directions under subsection 33(1) or 34(1); and (b) to do so within the period specified in the notice. (2) The ACCC must comply with the requirement. > Note: Under section 497 of the Telecommunications Act 1997, the ACCC could hold a public inquiry under Part 25 about a matter relating to the performance of this function. (3) For the purposes of section 496 of the Telecommunications Act 1997, the giving of advice by the ACCC in compliance with a requirement under subsection (1) is taken to be a matter concerning the telecommunications industry. > Note: Section 496 of the Telecommunications Act 1997 allows the Minister to direct the ACCC to hold a public inquiry under Part 25 about a specified matter concerning the telecommunications industry. (4) Subsection (3) is enacted for the avoidance of doubt. (5) If the ACCC holds a public inquiry under Part 25 of the Telecommunications Act 1997 about the giving of advice to the Communications Minister and the Finance Minister in compliance with a requirement under subsection (1), the ACCC must, in holding the inquiry and preparing its report on the inquiry, have regard to the following: (a) whether giving the relevant direction or directions under subsection 33(1) or 34(1) will promote the long‑term interests of end‑users of carriage services or of services provided by means of carriage services; (b) such other matters (if any) as the ACCC considers relevant. > Note: For long‑term interests of end‑users of carriage services or of services provided by means of carriage services, see section 94. (6) This section does not, by implication, prevent the Communications Minister and the Finance Minister from asking the ACCC to give the Communications Minister and the Finance Minister additional advice about a matter arising under this Division. (7) A requirement under subsection (1) is not a legislative instrument.