Commonwealth Consolidated Acts

NATIONAL BROADBAND NETWORK COMPANIES ACT 2011 - SECT 19E

  (1)   If:

  (a)   a telecommunications transmission tower owned or operated by an NBN corporation is situated on a particular site; and

  (b)   either:

  (i)   the site is owned, occupied or controlled by the NBN corporation; or

  (ii)   the NBN corporation has a right (whether conditional or unconditional) to use the site;

the NBN corporation must cause to be published on its website:

  (c)   the terms and conditions relating to price or a method of ascertaining price; and

  (d)   other terms and conditions;

on which it offers to:

  (e)   give an eligible person access to the site, in compliance with subsection   19B(1), for the purpose of enabling the eligible person to:

  (i)   install particular equipment; or

  (ii)   maintain, operate or remove particular equipment; and

  (f)   supply to an eligible person goods that are incidental to the giving of that access.

Note 1:   For site , see section   19J.

Note 2:   For eligible person , see section   19H.

  (2)   If:

  (a)   a telecommunications transmission tower owned or operated by an NBN corporation is situated on a particular site; and

  (b)   either:

  (i)   the site is owned, occupied or controlled by the NBN corporation; or

  (ii)   the NBN corporation has a right (whether conditional or unconditional) to use the site; and

  (c)   an eligible person requests the NBN corporation to:

  (i)   give the eligible person access to the site; or

  (ii)   supply to the eligible person goods that are incidental to giving the eligible person access to the site; and

  (d)   as a result of the request, the NBN corporation has an obligation under subsection   19B(1) to give access to the site or supply the goods, as the case requires; and

  (e)   in accordance with subsection   (1), the NBN corporation has published on its website:

  (i)   the terms and conditions relating to price or a method of ascertaining price; and

  (ii)   other terms and conditions;

    on which the NBN corporation offers to give access to the site or supply the goods, as the case requires; and

  (f)   the eligible person requests the NBN corporation to enter into an agreement that:

  (i)   relates to the access to the site or the supply of the goods, as the case requires; and

  (ii)   sets out terms and conditions that are the same as the terms and conditions published as mentioned in paragraph   (e);

the NBN corporation must comply with the request mentioned in paragraph   (f).

  (3)   If:

  (a)   a telecommunications transmission tower owned or operated by an NBN corporation is situated on a particular site; and

  (b)   either:

  (i)   the site is owned, occupied or controlled by the NBN corporation; or

  (ii)   the NBN corporation has a right (whether conditional or unconditional) to use the site; and

  (c)   an eligible person requests the NBN corporation to:

  (i)   give the eligible person access to the site; or

  (ii)   supply to the eligible person goods that are incidental to giving the eligible person access to the site; and

  (d)   as a result of the request, the NBN corporation has an obligation under subsection   19B(1) to give access to the site or supply the goods, as the case requires; and

  (e)   the access to the site, or the supply of the goods, is not covered by an agreement between the NBN corporation and the eligible person;

the terms and conditions on which the access is given, or the goods are supplied, as the case may be, are the terms and conditions that were published on the NBN corporation's website, in accordance with subsection   (1), at the time when the request was made.