Section 152BCI — Competition and Consumer Act 2010: When public inquiry must be held

(1) If: (a) the Commission makes a declaration under section 152AL after the commencement of this section; and (b) no access determination has previously been made in relation to access to the declared service; the Commission must, within 30 days after the declaration is made, commence to hold a public inquiry under Part 25 of the Telecommunications Act 1997 about a proposal to make an access determination relating to access to the declared service. (2) If: (a) a declaration is in force under section 152AL immediately after the commencement of this section; and (b) no access determination has previously been made in relation to access to the declared service; the Commission must, during the 12-month period beginning at the commencement of this section, commence to hold a public inquiry under Part 25 of the Telecommunications Act 1997 about a proposal to make an access determination relating to access to the declared service. (3) If: (a) a declaration is in force under section 152AL; and (b) an access determination has previously been made in relation to access to the declared service; the Commission must, during the period: (c) beginning 18 months before the expiry date for the access determination; and (d) ending 6 months before the expiry date for the access determination; commence to hold a public inquiry under Part 25 of the Telecommunications Act 1997 about a proposal to make an access determination relating to access to the declared service. (4) Subsection (3) has effect subject to subsections (5), (6) and (7). (5) If: (a) a declaration (the current declaration) is in force under section 152AL; and (b) an access determination has previously been made in relation to access to the declared service; and (c) the expiry date of the current declaration is extended or further extended for a period of not more than 12 months; and (d) the Commission decides to allow the current declaration to expire without making a new declaration under section 152AL; the Commission is not required to hold a public inquiry under Part 25 of the Telecommunications Act 1997 about a proposal to make an access determination relating to access to the declared service. (6) If: (a) a declaration is in force under section 152AL; and (b) an access determination (the current determination) is in force in relation to access to the declared service; and (c) the Commission commences to hold a public inquiry under subsection 152ALA(7) in relation to the declaration; then: (d) the Commission may defer holding a public inquiry under Part 25 of the Telecommunications Act 1997 about a proposal to make an access determination relating to access to the declared service until the Commission decides whether to extend or further extend the expiry date for the declaration; and (e) if the Commission decides to extend or further extend the expiry date for the declaration—the Commission must commence to hold such a public inquiry before the expiry date for the current access determination; and (f) if the Commission decides not to extend or further extend the expiry date for the declaration—the Commission is not required to hold such a public inquiry. (7) If: (a) a declaration is in force under section 152AL; and (b) an access determination has previously been made in relation to access to the declared service; and (c) after holding a public inquiry under subsection 152ALA(7) in relation to the declaration, the Commission decides to allow the declaration to expire without making a new declaration under section 152AL; the Commission is not required to hold a public inquiry under Part 25 of the Telecommunications Act 1997 about a proposal to make an access determination relating to access to the declared service. Note: If a service is a declared service under subsection 152AL(7) (which deals with special access undertakings), there is no need for the Commission to make a declaration of the service under section 152AL. (8) Despite anything else in this section, if: (a) the Commission makes binding rules of conduct that relate to access to a declared service; and (b) no access determination is in force in relation to access to the declared service; the Commission must, within 30 days after the binding rules of conduct are made, commence to hold a public inquiry under Part 25 of the Telecommunications Act 1997 about a proposal to make an access determination relating to access to the declared service.