34Determination of binding non-coverage applications by Minister

#### 34 Determination of binding non-coverage applications by Minister 34 Determination of binding non-coverage applications by Minister > > (1) The Minister must determine a binding non-coverage application— > > > > > (a) if satisfied— > > > > > > > (i) that any of the declaration criteria are not met in relation to the service to which the application relates, and > > > > > > > (ii) that the service is not the subject of a coverage declaration or an access undertaking, > > > > > > by making a binding non-coverage declaration in relation to the service, or > > > > > (b) if not so satisfied, by refusing to make such a declaration. > > > (2) The Minister must consider, but is not bound to accept, any advice or recommendation in IPART’s report on the application and may, if circumstances so require, seek further advice from IPART in relation to the application. > > > (3) The Minister must use his or her best endeavours to ensure that a decision on a binding non-coverage application is made within 6 months after the date on which the application was lodged with IPART. > > > (4) On making a decision under this section, the Minister must cause notice of the decision, and of the reasons for the decision, to be given to IPART. > > > (5) On receiving such notice, IPART must cause the information contained in the notice, together with its report on the binding non-coverage application, to be made available to the public on IPART’s internet website.