Commonwealth Consolidated Acts Commonwealth Consolidated ActsNo. 22, 2011
Compilation No. 8
Compilation date: 20 October 2023
Includes amendments up to: Act No. 76, 2023
Registered: 10 November 2023
About this compilation
This compilation
This is a compilation of the National Broadband Network Companies Act 2011 that shows the text of the law as amended and in force on 20 October 2023 (the compilation date).
The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.
Uncommenced amendments
The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the Register for the compiled law.
Application, saving and transitional provisions for provisions and amendments
If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.
Editorial changes
For more information about any editorial changes made in this compilation, see the endnotes.
If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the Register for the compiled law.
Self-repealing provisions
If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.
Contents
1 Short title
2 Commencement
3 Objects
4 Simplified outline
6 Crown to be bound
7 Extension to external Territories
Part 2--Operations of NBN corporations
Division 1--Simplified outline
8 Simplified outline
Division 2--Rules about operations of NBN corporations
Subdivision A--Supply of eligible services to be on wholesale basis
9 Supply of eligible services to be on wholesale basis
10 Exemption--transport authorities
11 Exemption--electricity supply bodies
12 Exemption--gas supply bodies
13 Exemption--water supply bodies
14 Exemption--sewerage services bodies
15 Exemption--storm water drainage services bodies
16 Exemption--State or Territory road authorities
Subdivision B--Supply of other goods and services
17 Content services not to be supplied
18 Non-communications services not to be supplied
19 Non-communications goods not to be supplied
Subdivision BA--Access to a telecommunications transmission tower owned or operated by an NBN corporation etc.
19A Access to a telecommunications transmission tower
19B Access to the site of a telecommunications transmission tower
19C Reasonableness--Ministerial determinations
19D Publication of access terms and conditions--towers
19E Publication of access terms and conditions--sites
19F Terms and conditions of access to be on a non-discriminatory basis
19G Equipment
19H Eligible person
19J Site
19K Goods
Subdivision C--Investment activities
20 Restriction of investment activities
Subdivision D--Transitional
21 Transitional--pre-commencement contractual obligations
22 Transitional--pre-acquisition contractual obligations
Division 3--Functional separation of NBN corporations
23 Contents of draft or final functional separation undertaking
24 Functional separation principles
25 Functional separation requirements determination
26 Draft functional separation undertaking to be given to the Communications Minister and the Finance Minister
27 Approval of draft functional separation undertaking by the Communications Minister and the Finance Minister
28 Time limit for making an approval decision
29 Effect of approval
30 Variation of final functional separation undertaking
31 Publication of final functional separation undertaking
32 Compliance with final functional separation undertaking
Division 4--Divestiture of assets by NBN corporations
33 Directions about disposal of assets
34 Directions about transfer of assets to another NBN corporation
35 Advice from ACCC about disposal or transfer directions
36 Exemption from stamp duty--transfer in compliance with transfer direction
Division 5--Carrier licence conditions etc.
37 Carrier licence condition
38 Service provider rule
39 Power to declare carrier licence conditions not limited
40 Power to determine service provider rules not limited
Division 6--Special carrier licence conditions
41 Conditions about supply of carriage services by NBN corporations
42 Consultation with ACCC
Part 3--Ownership and control of NBN Co
Division 1--Simplified outline
43 Simplified outline
Division 2--Commonwealth ownership and control of NBN Co
Subdivision A--Commonwealth ownership provisions
44 Commonwealth ownership provisions
45 Commonwealth to retain ownership of NBN Co
46 Compliance by NBN Co
Subdivision B--Termination of Commonwealth ownership provisions
47 Object of this Subdivision
48 Declaration by Communications Minister--whether national broadband network should be treated as built and fully operational
49 Productivity Commission inquiry
50 Declaration by Finance Minister--whether conditions suitable for an NBN Co sale scheme
51 Termination of Commonwealth ownership provisions
Subdivision C--Sale by the Commonwealth of its shares in NBN Co
52 Simplified outline
53 When NBN Co sale scheme may be entered into and carried out
55 Sale-scheme hybrid securities
56 Exemption from stamp duty--transfer by the Commonwealth of its shares in NBN Co etc.
57 Authorisation of borrowing--issue of sale-scheme hybrid securities
58 Appropriation--costs incurred in connection with an NBN Co sale scheme
59 Assistance given by NBN Co or the Board in connection with an NBN Co sale scheme
60 Giving of assistance--ancillary provisions
61 Reimbursement of expenses incurred in giving assistance
62 Commonwealth to be bound by Chapters 6CA, 6D and 7 of the Corporations Act 2001
63 Reduction of NBN Co's share capital
64 Alterations of NBN Co's constitution--notice to debenture holders
65 Alteration of NBN Co's constitution--Ministerial instrument
66 Use by the Commonwealth of information obtained from NBN Co or the Board
67 Agreements relating to the protection of information obtained from NBN Co or the Board
68 NBN Co's obligations to disclose information
Division 3--Private ownership and control of NBN Co
69 Unacceptable private ownership or control situation
70 Prohibition of unacceptable private ownership or control situation
71 Remedial orders
72 Record-keeping and giving of information
73 Validity of acts done in contravention of this Division
Division 4--General provisions
76 Extra-territorial application
Part 4--NBN Co's reporting obligations
77 Simplified outline
78 Application of this Part
80 Communications Minister and the Finance Minister to be notified of significant events
81 Keeping the Communications Minister and the Finance Minister informed
82 Corporate plan for NBN Co
83 Consequences of contraventions of this Part
84 This Part has effect despite the Corporations Act 2001 etc.
85 When this Part ceases to have effect
Part 5--Anti-avoidance
86 Anti-avoidance
Part 6--Injunctions
87 Simplified outline
88 Injunctions
89 Interim injunctions
90 Discharge etc. of injunctions
91 Certain limits on granting injunctions not to apply
92 Other powers of the Federal Court unaffected
Part 7--Miscellaneous
93 Severability
94 Promotion of the long-term interests of end-users of carriage services and of services supplied by means of carriage services
95 NBN Co is not a public authority
97 Winding-up of NBN corporation not prevented by this Act
98 Rights of NBN corporation's shareholders, debenture holders and creditors to be subject to this Act
98A Exemption from stamp duty--matters related to the creation, development or operation of the national broadband network
98B Mapping data
99 Delegation
100 Compensation for acquisition of property
101 Regulations
Schedule 1--NBN corporations
2 Control of a company
3 Associate
Schedule 2--Parliamentary Joint Committee on the Ownership of NBN Co
1 Parliamentary Joint Committee on the Ownership of NBN Co
2 Powers and proceedings of the Parliamentary Joint Committee
3 Duties of the Parliamentary Joint Committee
4 Winding up of the Parliamentary Joint Committee
Endnotes
Endnote 1--About the endnotes
Endnote 2--Abbreviation key
Endnote 3--Legislation history
Endnote 4--Amendment history
The endnotes provide information about this compilation and the compiled law.
The following endnotes are included in every compilation:
Endnote 1--About the endnotes
Endnote 2--Abbreviation key
Endnote 3--Legislation history
Endnote 4--Amendment history
Abbreviation key--Endnote 2
The abbreviation key sets out abbreviations that may be used in the endnotes.
Legislation history and amendment history--Endnotes 3 and 4
Amending laws are annotated in the legislation history and amendment history.
The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.
The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.
Editorial changes
The Legislation Act 2003 authorises First Parliamentary Counsel to make editorial and presentational changes to a compiled law in preparing a compilation of the law for registration. The changes must not change the effect of the law. Editorial changes take effect from the compilation registration date.
If the compilation includes editorial changes, the endnotes include a brief outline of the changes in general terms. Full details of any changes can be obtained from the Office of Parliamentary Counsel.
Misdescribed amendments
A misdescribed amendment is an amendment that does not accurately describe how an amendment is to be made. If, despite the misdescription, the amendment can be given effect as intended, then the misdescribed amendment can be incorporated through an editorial change made under section 15V of the Legislation Act 2003.
If a misdescribed amendment cannot be given effect as intended, the amendment is not incorporated and "(md not incorp)" is added to the amendment history.
ad = added or inserted | o = order(s) |
am = amended | Ord = Ordinance |
amdt = amendment | orig = original |
c = clause(s) | par = paragraph(s)/subparagraph(s) |
C[x] = Compilation No. x | /sub-subparagraph(s) |
Ch = Chapter(s) | pres = present |
def = definition(s) | prev = previous |
Dict = Dictionary | (prev ... ) = previously |
disallowed = disallowed by Parliament | Pt = Part(s) |
Div = Division(s) | r = regulation(s)/rule(s) |
ed = editorial change | reloc = relocated |
exp = expires/expired or ceases/ceased to have | renum = renumbered |
effect | rep = repealed |
F = Federal Register of Legislation | rs = repealed and substituted |
gaz = gazette | s = section(s)/subsection(s) |
LA = Legislation Act 2003 | Sch = Schedule(s) |
Sdiv = Subdivision(s) | |
(md) = misdescribed amendment can be given | SLI = Select Legislative Instrument |
effect | SR = Statutory Rules |
(md not incorp) = misdescribed amendment | Sub-Ch = Sub-Chapter(s) |
cannot be given effect | SubPt = Subpart(s) |
mod = modified/modification | underlining = whole or part not |
No. = Number(s) | commenced or to be commenced |
Endnote 3--Legislation history
Act | Number and year | Assent | Commencement | Application, saving and transitional provisions |
22, 2011 | 12 Apr 2011 | ss. 3-98, 99-101, Schedule 1 and Schedule 2: 13 Apr 2011 |
| |
136, 2012 | 22 Sept 2012 | Schedule 1 (item 89): Royal Assent | -- | |
62, 2014 | 30 June 2014 | Sch 10 (items 25-31) and Sch 14: 1 July 2014 (s 2(1) items 6, 14) | Sch 14 | |
as amended by |
|
|
|
|
Public Governance and Resources Legislation Amendment Act (No. 1) 2015 | 36, 2015 | 13 Apr 2015 | Sch 2 (items 7-9) and Sch 7: 14 Apr 2015 (s 2) | Sch 7 |
as amended by |
|
|
|
|
Acts and Instruments (Framework Reform) (Consequential Provisions) Act 2015 | 126, 2015 | 10 Sept 2015 | Sch 1 (item 486): 5 Mar 2016 (s 2(1) item 2) | -- |
Acts and Instruments (Framework Reform) (Consequential Provisions) Act 2015 | 126, 2015 | 10 Sept 2015 | Sch 1 (item 495): 5 Mar 2016 (s 2(1) item 2) | -- |
109, 2014 | 16 Oct 2014 | Sch 2 (item 115): 17 Oct 2014 (s 2(1) item 2) | -- | |
Acts and Instruments (Framework Reform) (Consequential Provisions) Act 2015 | 126, 2015 | 10 Sept 2015 | Sch 1 (item 391-394): 5 Mar 2016 (s 2(1) item 2) | -- |
6, 2019 | 1 Mar 2019 | Sch 1: 2 Mar 2019 (s 2(1) item 1) | -- | |
Communications Legislation Amendment (Deregulation and Other Measures) Act 2019 | 120, 2019 | 12 Dec 2019 | Sch 1 (item 9): 12 Dec 2019 (s 2(1) item 1) | -- |
Telecommunications Legislation Amendment (Competition and Consumer) Act 2020 | 47, 2020 | 25 May 2020 | Sch 5: 26 May 2020 (s 2(1) item 7) | -- |
Treasury Laws Amendment (2023 Law Improvement Package No. 1) Act 2023 | 76, 2023 | 20 Sept 2023 | Sch 2 (items 679, 680): 20 Oct 2023 (s 2(1) item 2) | -- |
Provision affected | How affected |
Part 1 |
|
s 5..................... | am No 62, 2014; No 6, 2019, No 76, 2023 |
Part 2 |
|
Division 2 |
|
Subdivision B |
|
s 19.................... | rs No 120, 2019 |
Subdivision BA |
|
Subdivision BA............ | ad No 6, 2019 |
s 19A................... | ad No 6, 2019 |
s 19B................... | ad No 6, 2019 |
s 19C................... | ad No 6, 2019 |
s 19D................... | ad No 6, 2019 |
s 19E................... | ad No 6, 2019 |
s 19F................... | ad No 6, 2019 |
s 19G................... | ad No 6, 2019 |
s 19H................... | ad No 6, 2019 |
s 19J.................... | ad No 6, 2019 |
s 19K................... | ad No 6, 2019 |
Subdivision C |
|
s 20.................... | am No 62, 2014 |
Division 5 |
|
s 37.................... | am No 6, 2019 |
s 38.................... | am No 6, 2019 |
s 39.................... | am No 6, 2019 |
s 40.................... | am No 6, 2019 |
Division 6 |
|
s 41.................... | am No 126, 2015 |
Part 3 |
|
Division 2 |
|
Subdivision A |
|
s 45....................... | exp (note to s 45) |
s 46....................... | exp (note to s 46) |
Subdivision B |
|
s. 49.................... | am. No. 136, 2012; No 126, 2015 |
Subdivision C |
|
s 54.................... | am No 62, 2014; No 126, 2015 |
s 55.................... | am No 126, 2015; No 76, 2023 |
s 57.................... | am No 62, 2014 |
Part 4 |
|
Part 4................... | exp (s 85(1)) |
s 77.................... | exp (s 85(1)) |
s 78.................... | am No 62, 2014 |
| exp (s 85(1)) |
s 79.................... | exp (s 85(1)) |
s 80.................... | exp (s 85(1)) |
s 81.................... | exp (s 85(1)) |
s 82.................... | am No 62, 2014 |
| exp (s 85(1)) |
s 83.................... | exp (s 85(1)) |
s 84.................... | exp (s 85(1)) |
s 85.................... | am No 126, 2015 |
Part 7 |
|
s 98A................... | (2), (4) exp (s 98A(3), (5)) |
s 98B................... | ad No 47, 2020 |
s 100A.................. | rep No 109, 2014 |