Section 152BCG — Competition and Consumer Act 2010: Interim access determinations

(1) If: (a) the Commission makes a declaration under section 152AL after the commencement of this section; and (b) the declaration is not a fresh declaration that replaces a previous declaration; and (c) the Commission has commenced to hold a public inquiry under Part 25 of the Telecommunications Act 1997 about a proposal to make an access determination in relation to access to the declared service; and (d) either: (i) the Commission considers that it is unlikely that a final access determination in relation to access to the service will be made within 6 months after the commencement of the public inquiry; or (ii) the Commission considers that there is an urgent need to make an access determination in relation to access to the service before the completion of the public inquiry; the Commission must make an interim access determination in relation to access to the service. (2) If: (a) a declaration is in force under section 152AL; and (b) no access determination has previously been made in relation to access to the declared service; the Commission may make an interim access determination in relation to access to the service. (3) The day specified in an interim access determination as the day on which the determination is to come into force must not be earlier than the day on which the declaration mentioned in paragraph (1)(a) or (2)(a), as the case may be, came into force. (4) The Commission is not required to observe any requirements of procedural fairness in relation to the making of an interim access determination. (5) The Commission must not make an interim access determination otherwise than in accordance with this section.