33Consideration of binding non-coverage applications by IPART

#### 33 Consideration of binding non-coverage applications by IPART 33 Consideration of binding non-coverage applications by IPART > > (1) On receiving a binding non-coverage application, IPART— > > > > > (a) must furnish a copy of the application to the Minister, and > > > > > (b) must furnish copies of the application to, and invite submissions on the application from, such other persons as are prescribed by the regulations, and > > > > > (c) must invite submissions on the application from the public. > > > (2) After considering the application and any such submissions, IPART must furnish a report on the application to the Minister. > > > (3) Such a report— > > > > > (a) must include a statement of IPART’s opinion as to whether or not the declaration criteria are met in relation to the service to which the application relates, and > > > > > (b) if IPART’s opinion is that any of those criteria are not met, a recommendation as to the terms in which a binding non-coverage declaration should be made and the period for which it should have effect. > > > (4) IPART must use its best endeavours to ensure that a report on the application is provided within 4 months after the application is made. > > > (5) This section does not apply to— > > > > > (a) a binding non-coverage application for an infrastructure service that is the subject of a coverage declaration or an access undertaking, or > > > > > (b) a binding non-coverage application that IPART determines, with the consent of the Minister, to be frivolous or vexatious.