sec.147APeriod for approving draft access undertaking

### sec.147A Period for approving draft access undertaking This section applies to a draft access undertaking, whether or not amending an approved access undertaking, given to the authority by an owner or operator of a declared service or a responsible person— in response to an initial undertaking notice or initial amendment notice; or without receiving an initial undertaking notice or initial amendment notice. The authority must use its best endeavours to decide whether to approve, or refuse to approve, the draft access undertaking within 6 months from— if the authority decides, within 2 weeks from the day the undertaking was given to the authority, to conduct an investigation for making the decision—the last day of the time for making submissions stated in an investigation notice for the investigation under section 146 (2) (c) ; or otherwise—the day that is 2 weeks from the day the undertaking was given to the authority. However, the 6 month period mentioned in subsection (2) does not include any of the following days— if the authority conducts an investigation for making the decision and gives a notice under section 185 to a person requiring the person to give information or produce a document for the investigation—a day in the period— starting on the day the notice is given to the person; and ending on the day the person complies with the notice; if the authority publishes the draft access undertaking, or another document about the undertaking, and invites persons to make submissions on the undertaking or document to the authority within a stated period—a day in the period for making submissions stated by the authority; if the owner or operator of the service, or the responsible person, agrees to a day not being included in the 6 month period—a day agreed to by the person. The authority must publish a notice on its website, while the authority is considering a draft access undertaking, stating— the day the 6 month period mentioned in subsection (2) started or will start; and the day the period will end; and for a day not included in the period under subsection (3) —the reason the day is not included in the period. If the authority fails to decide whether to approve, or refuse to approve, the draft access undertaking within the 6 month period mentioned in subsection (2) , it must, as soon as practicable after the period ends— prepare a written notice stating— the reasons for the authority’s failure; and details about the action the authority proposes to take to decide whether to approve, or refuse to approve, the draft access undertaking as soon as reasonably practicable; and publish the notice on its website; and give a copy of the notice to— the owner or operator of the service, or the responsible person; and the Minister. s 147A ins 2008 No. 35 s 50 amd 2013 No. 39 s 43 sch 1 ; 2018 No. 6 s 9 (sec.147A-ssec.1) This section applies to a draft access undertaking, whether or not amending an approved access undertaking, given to the authority by an owner or operator of a declared service or a responsible person— in response to an initial undertaking notice or initial amendment notice; or without receiving an initial undertaking notice or initial amendment notice. (sec.147A-ssec.2) The authority must use its best endeavours to decide whether to approve, or refuse to approve, the draft access undertaking within 6 months from— if the authority decides, within 2 weeks from the day the undertaking was given to the authority, to conduct an investigation for making the decision—the last day of the time for making submissions stated in an investigation notice for the investigation under section 146 (2) (c) ; or otherwise—the day that is 2 weeks from the day the undertaking was given to the authority. (sec.147A-ssec.3) However, the 6 month period mentioned in subsection (2) does not include any of the following days— if the authority conducts an investigation for making the decision and gives a notice under section 185 to a person requiring the person to give information or produce a document for the investigation—a day in the period— starting on the day the notice is given to the person; and ending on the day the person complies with the notice; if the authority publishes the draft access undertaking, or another document about the undertaking, and invites persons to make submissions on the undertaking or document to the authority within a stated period—a day in the period for making submissions stated by the authority; if the owner or operator of the service, or the responsible person, agrees to a day not being included in the 6 month period—a day agreed to by the person. (sec.147A-ssec.4) The authority must publish a notice on its website, while the authority is considering a draft access undertaking, stating— the day the 6 month period mentioned in subsection (2) started or will start; and the day the period will end; and for a day not included in the period under subsection (3) —the reason the day is not included in the period. (sec.147A-ssec.5) If the authority fails to decide whether to approve, or refuse to approve, the draft access undertaking within the 6 month period mentioned in subsection (2) , it must, as soon as practicable after the period ends— prepare a written notice stating— the reasons for the authority’s failure; and details about the action the authority proposes to take to decide whether to approve, or refuse to approve, the draft access undertaking as soon as reasonably practicable; and publish the notice on its website; and give a copy of the notice to— the owner or operator of the service, or the responsible person; and the Minister. - (a) in response to an initial undertaking notice or initial amendment notice; or - (b) without receiving an initial undertaking notice or initial amendment notice. - (a) if the authority decides, within 2 weeks from the day the undertaking was given to the authority, to conduct an investigation for making the decision—the last day of the time for making submissions stated in an investigation notice for the investigation under section 146 (2) (c) ; or - (b) otherwise—the day that is 2 weeks from the day the undertaking was given to the authority. - (a) if the authority conducts an investigation for making the decision and gives a notice under section 185 to a person requiring the person to give information or produce a document for the investigation—a day in the period— (i) starting on the day the notice is given to the person; and (ii) ending on the day the person complies with the notice; - (i) starting on the day the notice is given to the person; and - (ii) ending on the day the person complies with the notice; - (b) if the authority publishes the draft access undertaking, or another document about the undertaking, and invites persons to make submissions on the undertaking or document to the authority within a stated period—a day in the period for making submissions stated by the authority; - (c) if the owner or operator of the service, or the responsible person, agrees to a day not being included in the 6 month period—a day agreed to by the person. - (i) starting on the day the notice is given to the person; and - (ii) ending on the day the person complies with the notice; - (a) the day the 6 month period mentioned in subsection (2) started or will start; and - (b) the day the period will end; and - (c) for a day not included in the period under subsection (3) —the reason the day is not included in the period. - (a) prepare a written notice stating— (i) the reasons for the authority’s failure; and (ii) details about the action the authority proposes to take to decide whether to approve, or refuse to approve, the draft access undertaking as soon as reasonably practicable; and - (i) the reasons for the authority’s failure; and - (ii) details about the action the authority proposes to take to decide whether to approve, or refuse to approve, the draft access undertaking as soon as reasonably practicable; and - (b) publish the notice on its website; and - (c) give a copy of the notice to— (i) the owner or operator of the service, or the responsible person; and (ii) the Minister. - (i) the owner or operator of the service, or the responsible person; and - (ii) the Minister. - (i) the reasons for the authority’s failure; and - (ii) details about the action the authority proposes to take to decide whether to approve, or refuse to approve, the draft access undertaking as soon as reasonably practicable; and - (i) the owner or operator of the service, or the responsible person; and - (ii) the Minister.