12ADetermination of primary universal service providers

#### 12A Determination of primary universal service providers (1) The Minister may determine in writing that a specified carrier or carriage service provider is the primary universal service provider for a service area in respect of a service obligation. (2) The Minister may determine under subsection (1): (a) different primary universal service providers in respect of different service obligations for the same service area; and (b) the same person as the primary universal service provider for one or more service areas in respect of one or more service obligations. (2A) The Minister may determine, in writing, that each of 2 or more specified persons is a primary universal service provider in respect of a service obligation. (2B) The Minister must not specify a person in a determination under subsection (2A) unless the person is a carrier or carriage service provider. (2C) The Minister may determine under subsection (2A): (a) different primary universal service providers in respect of different service obligations; and (b) the same person as a primary universal service provider in respect of one or more service obligations. (2D) The Minister must not make a determination under subsection (1) in respect of a service obligation if a determination in respect of that service obligation is in force under subsection (2A). (2E) The Minister must not make a determination under subsection (2A) in respect of a service obligation if a determination in respect of that service obligation is in force under subsection (1). (3) In exercising the Minister’s powers under this section in relation to a service obligation, the Minister must ensure that at all times each point in Australia is within a service area for which there is at least one primary universal service provider in respect of that service obligation. (4) In deciding whether to make a determination that a person is a primary universal service provider, the Minister is limited to considering factors that are relevant to achieving the objects of this Act. (5) The Minister must give to the person and to the ACMA a copy of the determination. (6) A determination under this section is a legislative instrument. > Note: A determination that the Minister is taken to have made under this section because of section 12D is not a legislative instrument (see subsection 12D(2)).