Telecommunications Act 2001

160 Transitional provision for declarations made under section 2A of 1987 Act

• (1) Despite the repeal of section 2A of the 1987 Act by section 159, every declaration made under section 2A of the 1987 Act and in force immediately before the commencement of this Act continues in force and has full effect until the declaration is revoked,—

  • (a) in the case of a declaration made by Order in Council, by the Governor-General by Order in Council made on the recommendation of the Minister; or

  • (b) in the case of a declaration made by the Minister, by the Minister by notice in the Gazette.

  (2) The Minister must make a recommendation under subsection (1)(a) or revoke a declaration under subsection (1)(b) (as the case may be) if the Minister is satisfied that the network operator has ceased to provide—

  • (a) facilities for telecommunication between 10 or more other persons that enable at least 10 of those persons to communicate with each other; or

  • (b) facilities for broadcasting to 500 or more other persons that enable programmes to be transmitted along a line or lines to each of those persons.

  (3) A notice in the Gazette under subsection (1)(b) is a regulation for the purposes of the Regulations (Disallowance) Act 1989, but not for the purposes of the Acts and Regulations Publication Act 1989.