Commonwealth Consolidated Acts

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TELECOMMUNICATIONS ACT 1997 - SECT 157

Certain installations and connections are not taken to be an extension, alteration or upgrade of a network

  (1)   For the purposes of this Part, if:

  (a)   a line is or was installed for the purposes of connecting particular premises to a telecommunications network; and

  (b)   the installation of the line enables or enabled the occupier of the premises to become a customer in relation to carriage services supplied using the network; and

  (c)   the premises are in close proximity to a line that forms part of the infrastructure of the network; and

  (d)   the network is capable of being used to supply a superfast carriage service; and

  (e)   the network came into existence before 1   January 2011;

neither the installation of the line mentioned in paragraph   (a), nor the connection of the premises, is taken to be an extension, alteration or upgrade of the network.

  (2)   Subsection   (1) does 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.



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