CTHRepealedAct
Telecommunications Act 1991
238CMinister may give directions to AUSTEL
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##### 238C Minister may give directions to AUSTEL
(1) The Minister may, by written notice, give to AUSTEL directions about how AUSTEL is to perform its functions under section 238A.
(2) Without limiting subsection (1), a direction under that subsection may contain any one or more of the following:
(a) a requirement that AUSTEL develop a decision-making framework for the performance of its functions under section 238A;
(b) principles to which AUSTEL must have regard in considering whether to disallow provisions of a tariff under section 238A;
(c) requirements about the way in which AUSTEL is to develop the decision-making framework;
(d) the matters to which AUSTEL must have regard in considering whether the operation or continued operation of a tariff would (within the meaning of section 238A) be anti-competitive in a market for a telecommunications service;
(e) a description (whether exhaustive or not) of circumstances in which AUSTEL must consider whether the operation or continued operation of a tariff would (within the meaning of section 238A) be anti-competitive in a market for a telecommunications service;
(f) a requirement that AUSTEL develop procedures that it is to follow in considering whether to disallow provisions of a tariff under section 238A.
(3) This section does not affect:
(a) the Minister’s power to give AUSTEL directions under other provisions; or
(b) AUSTEL’s power to give carriers directions under section 46;
about other matters.
(4) A direction under this section is a disallowable instrument for the purposes of section 46A of the Acts Interpretation Act 1901.