12DWhen Telstra Limited is taken to be a primary universal service provider

#### 12D When Telstra Limited is taken to be a primary universal service provider (1) The Minister is taken to have made a determination under subsection 12A(1) that Telstra Limited is the primary universal service provider for so much of the general Australian service area as is not a special determined area in relation to that service obligation in respect of that service obligation. (2) Despite subsection 12A(6), the determination that the Minister is taken to have made is not a legislative instrument. (3) Subsection (1) does not apply to Telstra Limited unless Telstra Limited is a carrier or carriage service provider. (4) The following provisions have effect: (a) subsection (1) does not prevent the Minister from making a determination under subsection 12A(1) that a person (other than Telstra Limited) is the primary universal service provider for a service area in respect of a service obligation; (b) if such a determination is in force—that area is a special determined area in relation to that service obligation. (5) The following provisions have effect: (a) subsection (1) does not prevent the Minister from making a determination under subsection 12A(2A) that each of 2 or more persons is a primary universal service provider for a service area in respect of a service obligation; (b) if such a determination is in force—that area is a special determined area in relation to that service obligation. (6) The following provisions have effect: (a) subsection (1) does not prevent the Minister from making a determination under subsection 12A(1) that a person (other than Telstra Limited) is the primary universal service provider for the general Australian service area in respect of a service obligation; (b) if such a determination is in force—subsection (1) does not apply to that service obligation. (7) The following provisions have effect: (a) subsection (1) does not prevent the Minister from making a determination under subsection 12A(2A) that each of 2 or more persons is a primary universal service provider for the general Australian service area in respect of a service obligation; (b) if such a determination is in force—subsection (1) does not apply to that service obligation.