Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) For the purposes of this Part, if a provisional nominated service area is attributable to a declaration under this section, so much of the provisional nominated service area as is not:
(a) the whole or a part of a provisional nominated service area that is attributable to a subsequent declaration under this section or section 360HB; or
(b) the whole or a part of a designated service area;
is a nominated service area .
Provisional nominated service area--real estate development project
(2) If:
(a) after the commencement of this section, a carrier (other than an NBN corporation) installs telecommunications network infrastructure that will enable the supply of eligible services to premises in the whole or a part of the project area of a real estate development project; and
(aa) the carrier is not already the statutory infrastructure provider for a service area that consists of, or includes, the project area; and
(b) the installation was carried out under a contract with the person responsible for the real estate development project; and
(ba) the infrastructure is not backhaul infrastructure; and
(c) the conditions specified in an instrument under subsection (3) are satisfied;
the carrier must:
(d) by written instrument, declare that the whole or the part, as the case requires, of the project area is a provisional nominated service area for the purposes of this Part; and
(e) do so within 10 business days after completing the installation of that infrastructure.
Note: For the format of the description of the area, see section 360LA.
(3) The Minister may, by legislative instrument, specify conditions for the purposes of paragraph (2)(c).
Note: For variation and revocation, see subsection 33(3) of the Acts Interpretation Act 1901 .
(3A) The Minister may, by legislative instrument, exempt a specified real estate development project from subsection (2).
Note 1: For variation and revocation, see subsection 33(3) of the Acts Interpretation Act 1901 .
Note 2: See also section 360M.
(3B) Subsection (2) does not apply if the supply of the eligible services mentioned in paragraph (2)(a) is, or will be, in the circumstances specified in a determination under subsection 360Q(4).
Provisional nominated service area--building redevelopment project
(4) If:
(a) after the commencement of this section, a carrier (other than an NBN corporation) installs telecommunications network infrastructure that will enable the supply of eligible services to premises in the whole or a part of the project area of a building redevelopment project; and
(aa) the carrier is not already the statutory infrastructure provider for a service area that consists of, or includes, the project area; and
(b) the installation was carried out under a contract with the person responsible for the building redevelopment project; and
(ba) the infrastructure is not backhaul infrastructure; and
(c) the conditions specified in an instrument under subsection (5) are satisfied;
the carrier must:
(d) by written instrument, declare that the whole or the part, as the case requires, of the project area is a provisional nominated service area for the purposes of this Part; and
(e) do so within 10 business days after completing the installation of that infrastructure.
Note: For the format of the description of the area, see section 360LA.
(5) The Minister may, by legislative instrument, specify conditions for the purposes of paragraph (4)(c).
Note: For variation and revocation, see subsection 33(3) of the Acts Interpretation Act 1901 .
(5A) The Minister may, by legislative instrument, exempt a specified building redevelopment project from subsection (4).
Note 1: For variation and revocation, see subsection 33(3) of the Acts Interpretation Act 1901 .
Note 2: See also section 360N.
(5B) Subsection (4) does not apply if the supply of the eligible services mentioned in paragraph (4)(a) is, or will be, in the circumstances specified in a determination under subsection 360Q(4).
Infrastructure installed under a contract
(6) If:
(a) a carrier (other than an NBN corporation) has installed telecommunications network infrastructure that will enable the supply of eligible services to all of the premises in a particular area (the relevant area ); and
(aa) the carrier is not already the statutory infrastructure provider for a service area that consists of, or includes, the relevant area; and
(b) the relevant area does not consist of, and is not included in:
(i) the project area of a real estate development project; or
(ii) the project area of a building redevelopment project; and
(c) the installation was carried out under a contract; and
(d) under the contract, the carrier is or was required, on reasonable request by a carriage service provider on behalf of an end - user at premises in the relevant area, to connect the premises to a qualifying telecommunications network in order that the carriage service provider can provide eligible services to the end - user at the premises; and
(da) the infrastructure is not backhaul infrastructure; and
(e) the conditions specified in an instrument under subsection (7) are satisfied;
the carrier may, by written instrument, declare that the relevant area is a provisional nominated service area for the purposes of this Part.
Note: For the format of the description of the area, see section 360LA.
(7) The Minister may, by legislative instrument, specify conditions for the purposes of paragraph (6)(e).
Note: For variation and revocation, see subsection 33(3) of the Acts Interpretation Act 1901 .
Declaration to be made available
(8) If a declaration made by a carrier is in force under this section, the carrier must make a copy of the declaration available on its website.
(9) If a carrier makes a declaration under this section, the carrier must:
(a) give a copy of the declaration to the ACMA; and
(b) do so within 10 business days after making the declaration.
Principles
(10) In making a declaration under this section, a carrier must comply with any principles determined under subsection (11).
(11) The Minister may, by legislative instrument, determine principles for the purposes of subsection (10).
Note: For variation and revocation, see subsection 33(3) of the Acts Interpretation Act 1901 .
Revocation
(12) A declaration made under this section cannot be revoked except under subsection (12A).
(12A) The ACMA may, by writing, revoke a declaration made under this section.
Variation
(13) A declaration made under this section cannot be varied except under subsection (14).
(14) A carrier may, by writing, vary a declaration made by the carrier under this section, so long as the ACMA has approved the variation under subsection (15).
(15) The ACMA may, on application made by a carrier, approve the variation of a declaration made by the carrier under this section.
(16) An application under subsection (15) must:
(a) be in writing; and
(b) be in accordance with the form approved in writing by the ACMA; and
(c) be accompanied by such information (if any) as is specified under subsection (17); and
(d) be accompanied by such documents (if any) as are specified under subsection (17).
(17) The ACMA may, by legislative instrument:
(a) specify the information that must accompany an application under subsection (15); or
(b) specify the documents that must accompany an application under subsection (15).
Note: For variation and revocation, see subsection 33(3) of the Acts Interpretation Act 1901 .
(17A) If, under subsection (14), a carrier varies a declaration made by the carrier under this section, the carrier must:
(a) give a copy of the variation to the ACMA; and
(b) do so within 10 business days after making the variation.
Declaration, revocation and variation are not legislative instruments
(18) A declaration made under this section is not a legislative instrument.
(18A) A revocation under subsection (12A) is not a legislative instrument.
(19) A variation under subsection (14) is not a legislative instrument.
Area may consist of the whole or a part of a building
(20) An area specified in a declaration under subsection (6) may consist of the whole or a part of a building specified in the declaration.