244Determination of technical standards

##### 244 Determination of technical standards (1) The Minister may direct AUSTEL in writing to determine a technical standard about network matters. (2) Without limiting subsection (1), a direction under that subsection need not specify directly the network matters to which the standard is to relate, but may leave AUSTEL to determine them by reference to some other matter specified in the direction, for example, the purpose that the standard is meant to achieve. (3) An instrument under subsection (1) is a disallowable instrument for the purposes of section 46A of the Acts Interpretation Act 1901. (4) AUSTEL must comply with a direction under subsection (1). (5) Where the Minister revokes a direction in force under subsection (1), AUSTEL must revoke the technical standard that is in force because of the direction. (6) Where the Minister varies a direction in force under subsection (1), AUSTEL must either: (a) vary the technical standard that is in force because of the direction so that the standard complies with the varied direction; or (b) revoke the standard and determine a new technical standard that so complies. (7) Where a technical standard is in force because of a direction in force under subsection (1): (a) AUSTEL may vary the standard on its own initiative, but only in such a way that the varied standard still complies with the direction; and (b) AUSTEL may, on its own initiative, revoke the standard and determine a new technical standard that so complies. (8) A technical standard determined under this section: (a) must be in the form of a notice published in the Gazette; and (b) has effect on and from the day specified in the notice; and (c) is a disallowable instrument for the purposes of section 46A of the Acts Interpretation Act 1901. (9) For the purposes of this Act (in particular, subsection (8) of this section and Division 4 of this Part), a variation of a technical standard under this section is taken to be a technical standard determined under this section. (10) This section does not affect the Minister’s power to give AUSTEL directions under other provisions about other matters.