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Telecommunications Act 2001

Designated services and specified services - Determinations for designated multinetwork services - Determination

41: Determinations not invalid for certain failures

You could also call this:

"Mistakes by the Commission don't cancel their decisions"

Illustration for Telecommunications Act 2001

If the Commission forgets to do some things, it does not affect the decision they make. You might wonder what things the Commission could forget to do. They could forget to notify a party about a decision under section 34(a), or forget to give a copy of an application to an access provider under section 34(b).

The Commission could also forget to give a copy of the draft decision to a party under section 36(1)(b). They might forget to give a copy of the final decision to a party under section 39(b). If the Commission forgets to do any of these things, it does not make their decision invalid.

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Part 2Designated services and specified services
Determinations for designated multinetwork services: Determination

41Determinations not invalid for certain failures

  1. If the Commission omits to do any of the things listed in subsection (2), that omission does not in any way affect the validity of the determination to which the omission relates.

  2. The things referred to in subsection (1) are as follows:

  3. to notify any party to a determination under section 34(a):
    1. to provide a copy of an application for a determination to an access provider under section 34(b):
      1. to give a copy of the draft determination to a party to the determination under section 36(1)(b):
        1. to give a copy of the determination to a party under section 39(b).