117National Code about carriers’ exempt activities

##### 117 National Code about carriers’ exempt activities (1) The Minister must by writing determine a National Code that does one or more of the following: (a) provides for technical, design, safety, environmental or other standards with which carriers must comply in connection with their exempt activities; (b) imposes requirements or prohibitions on carriers in relation to: (i) the development or use of land, or the erection, maintenance or use of buildings or other structures, in connection with the carriers’ exempt activities; or (ii) the effect of the carriers’ exempt activities on the environment; or (iii) any other matter connected with the carriers’ exempt activities; (c) requires carriers, before engaging in exempt activities, to consult with officers and authorities of States and Territories about the effect of the exempt activities on matters of a kind in relation to which those officers and authorities perform functions or exercise powers. (2) Where a regulation in force because of subsection 116(1) entitles a carrier to engage in an exempt activity despite particular laws of a State or Territory, a National Code determined under subsection (1) of this section may, in relation to that exempt activity, make provision in respect of matters in respect of which those laws make provision. (3) Nothing in either of subsections (1) and (2) limits the generality of anything else in either of those sections. (4) An instrument under subsection (1) is a disallowable instrument for the purposes of section 46A of the Acts Interpretation Act 1901. (5) Before determining a National Code under subsection (1), the Minister must: (a) publish a draft of the Code and invite the public to comment on the draft; and (b) cause a public inquiry to be held for the purposes of receiving and considering submissions about the draft. (6) The Minister may comply with paragraph (5)(b): (a) by giving to AUSTEL an appropriate direction under paragraph 327(b) to hold a public inquiry under Part 14; or (b) by arranging for a person, authority or body (other than AUSTEL) to hold a public inquiry. (7) Where the Minister arranges under paragraph (6)(b) for a person, authority or body to hold a public inquiry, Part 14 applies in relation to the person, authority or body, in relation to the inquiry, in the same way, as nearly as practicable, as that Part applies in relation to AUSTEL in relation to an inquiry under that part.