Clause 41

The Authority may make guidelines with a view to providing guidance or certainty in respect of any one or more of the provisions in this Act.(2) Advisory guidelines, for example, may be made about —

what amounts to a material function of a designated operating entity for the purposes of section 86FC(1)(a); or

the relevant principles to consider in determining what amounts to a material impediment to or impairment of the operations of a designated operating entity for the purposes of section 86FC(3)(a).(3) The Authority may make different advisory guidelines under subsection (1) in respect of different persons or entities or different classes of persons or entities.(4) The Authority must —

give a copy of each advisory guideline it makes to the Minister; and

publish each advisory guideline (in any way that the Authority thinks fit), send each advisory guideline to each person or entity to whom the guideline applies (by any mode the Authority thinks fit), or both.(5) Despite subsection (4)(b), the Authority must publish each advisory guideline (in any way that the Authority thinks fit) if the advisory guideline has any effect on the rights of any person or entity other than the person or entity to which the advisory guideline applies.(6) The failure to comply with subsection (4) or (5) in respect of any advisory guideline does not invalidate the advisory guideline.”.