Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) For the purposes of this Part, if:
(a) a telecommunications network is altered or upgraded on or after 1 January 2011, but before the designated commencement date; and
(b) as a result of the alteration or upgrade, a part of the network became capable of being used to supply a superfast carriage service to residential customers, or prospective residential customers, in Australia;
then:
(c) that part is taken to be a network in its own right; and
(d) the network referred to in paragraph (c) is taken to have come into existence on or after 1 January 2011, but before the designated commencement date.
(2) For the purposes of this Part, if:
(a) a telecommunications network is extended on or after 1 January 2011, but before the designated commencement date; and
(b) the extended part of the network is capable of being used to supply a superfast carriage service to residential customers, or prospective residential customers, in Australia;
then:
(c) the extended part is taken to be a network in its own right; and
(d) the network referred to in paragraph (c) is taken to have come into existence on or after 1 January 2011, but before the designated commencement date.
(3) If:
(a) a part of the infrastructure of a telecommunications network is situated in a particular area that is being or was developed as a particular stage of a real estate development project (within the ordinary meaning of that expression); and
(b) before the designated commencement date, the network is extended to another area that is being, or is to be, developed as another stage of the project;
subsection (2) does not apply to the extension.
(4) If:
(a) a telecommunications network was in existence immediately before 1 January 2011; and
(b) the network is extended on or after 1 January 2011; and
(c) no point on the infrastructure of the extension is located more than:
(i) 1 kilometre; or
(ii) if a longer distance is specified in the regulations--that longer distance;
from a point on the infrastructure of the network as the network stood immediately before 1 January 2011;
then:
(d) subsection (2) does not apply to the extension at any time before the designated commencement date; and
(e) if, at a time that occurs on or after the designated commencement date, there is in force a legally enforceable agreement that satisfies the following conditions:
(i) the agreement provides for the transfer of ownership or control of the infrastructure of the extension to an NBN corporation;
(ii) the agreement is covered by a determination made under subsection 577BA(9);
subsection (2) of this section does not apply to the extension at that time; and
(f) if, at a time that occurs on or after the designated commencement date, there is in force a legally enforceable agreement that satisfies the following conditions:
(i) the contract provides for the deactivation or decommissioning of the infrastructure of the extension;
(ii) the contract was entered into between NBN Co and the listed Optus companies (see subsection (7));
subsection (2) does not apply to the extension at that time.
(5) The regulations may provide that subsection (2) does not apply to a specified extension of a telecommunications network.
Note: For specification by class, see the Acts Interpretation Act 1901 .
(6) Subsections (1) and (2) do not apply in determining the meaning of an expression used in:
(a) section 142C; or
(b) sections 151ZF, 151ZG and 151ZH, to the extent to which they relate to a line to which section 142C applies; or
(c) any other provision of this Part, so far as that provision relates to:
(i) section 142C; or
(ii) section 151ZF, 151ZG or 151ZH, to the extent to which that section relates to a line to which section 142C applies.
Listed Optus company
(7) For the purposes of this section, listed Optus company means:
(a) Optus Networks Pty Limited (ACN 008 570 330); or
(b) Optus Internet Pty Limited (ACN 083 164 532); or
(c) Optus Vision Pty Limited (ACN 066 518 821); or
(d) Optus Vision Media Pty Limited (ACN 070 870 647); or
(e) Optus Systems Pty Limited (ACN 056 541 167); or
(f) SingTel Optus Pty Limited (ACN 052 833 208).