Commonwealth Consolidated Acts

TELECOMMUNICATIONS ACT 1997 - SECT 360K

Nominated service area covered by a declaration under section   360H

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

  (a)   an area is a provisional nominated service area because of a declaration made by a carrier under section   360H; and

  (b)   the whole or a part of the provisional nominated service area is a nominated service area;

the carrier is the statutory infrastructure provider for the nominated service area.

Nominated service area covered by a declaration under section   360HB

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

  (a)   an area is a provisional nominated service area because of a declaration made by a carriage service provider under section   360HB; and

  (b)   the whole or a part of the provisional nominated service area is a nominated service area;

the carriage service provider is the statutory infrastructure provider for the nominated service area.

  (1B)   The Minister may, by legislative instrument, declare that:

  (a)   subsection   (1A) does not apply to a specified nominated service area; and

  (b)   a specified carriage service provider is the statutory infrastructure provider for the nominated service area for the purposes of this Part.

Note:   For variation and revocation, see subsection   33(3) of the Acts Interpretation Act 1901 .

  (2)   The Minister may, by legislative instrument, declare that:

  (a)   subsection   (1) does not apply to a specified nominated service area; and

  (b)   a specified carrier is the statutory infrastructure provider for the nominated service area for the purposes of this Part.

Note:   For variation and revocation, see subsection   33(3) of the Acts Interpretation Act 1901 .

Nominated service area resulting from the application of section   360J

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

  (a)   immediately before the commencement of this section, a carrier licence held by a carrier was subject to a condition under a declaration mentioned in section   360J; and

  (b)   as a result of the application of subsection   360J(1) to the declaration, an area is a nominated service area;

the carrier is the statutory infrastructure provider for the nominated service area.

  (4)   The Minister may, by legislative instrument, declare that:

  (a)   subsection   (3) does not apply to a specified nominated service area; and

  (b)   a specified carrier is the statutory infrastructure provider for the nominated service area for the purposes of this Part.

Note:   For variation and revocation, see subsection   33(3) of the Acts Interpretation Act 1901 .

  (5)   If an area is a nominated service area because of a declaration made by the Minister under subsection   360J(4), the Minister may, by legislative instrument, declare that a specified carrier is the statutory infrastructure provider for the nominated service area, for the purposes of this Part.

Note:   For variation and revocation, see subsection   33(3) of the Acts Interpretation Act 1901 .