Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) The statutory infrastructure provider for a service area must, on reasonable request by a carriage service provider on behalf of an end - user at premises in the service area:
(a) connect the premises to a qualifying fixed - line telecommunications network in order that the carriage service provider can provide qualifying fixed - line carriage services to the end - user at the premises; or
(b) if it is not reasonable for the statutory infrastructure provider to connect the premises to a qualifying fixed - line telecommunications network--connect the premises to a qualifying telecommunications network in order that the carriage service provider can provide:
(i) qualifying fixed wireless carriage services to the end - user at the premises; or
(ii) qualifying satellite carriage services to the end - user at the premises.
Exceptions
(2) An obligation does not arise under subsection (1) in relation to the connection of premises in the circumstances (if any) specified in a determination under subsection (3).
(3) The Minister may, by legislative instrument, determine circumstances for the purposes of subsection (2).
Note: For variation and revocation, see subsection 33(3) of the Acts Interpretation Act 1901 .
(3A) The Minister may, by legislative instrument, determine that, if the conditions specified in the determination are satisfied, this section has effect as if:
(a) the area specified in the determination were a service area; and
(b) NBN Co were the statutory infrastructure provider for that area.
Requirements
(4) In fulfilling its obligations under subsection (1), the statutory infrastructure provider for a service area must comply with such requirements (if any) as are determined under subsection (5).
(5) The Minister may, by legislative instrument, determine one or more requirements for the purposes of subsection (4).
Note: For variation and revocation, see subsection 33(3) of the Acts Interpretation Act 1901 .
(6) A requirement may be of general application or may be limited to one or more service areas.
(7) Subsection (6) does not, by implication, limit the application of subsection 33(3A) of the Acts Interpretation Act 1901 .
Terms and conditions
(8) If:
(a) a carriage service provider makes a request as mentioned in subsection (1) in relation to the connection of premises in a service area; and
(b) as a result, the statutory infrastructure provider has an obligation under subsection (1) to connect the premises; and
(c) the statutory infrastructure provider has made available 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 it offers to connect premises in the service area to a qualifying telecommunications network in order that a carriage service provider can provide qualifying carriage services to an end - user at the premises; and
(d) the carriage service provider requests the statutory infrastructure provider to enter into an agreement that:
(i) relates to the connection of premises in the service area to a qualifying telecommunications network in order that the carriage service provider can provide qualifying carriage services to an end - user at the premises; and
(ii) sets out terms and conditions that are the same as the terms and conditions made available as mentioned in paragraph (c);
the statutory infrastructure provider must comply with the request mentioned in paragraph (d).
Note: See also section 360W.
(9) If:
(a) a carriage service provider makes a request as mentioned in subsection (1) in relation to the connection of premises; and
(b) as a result, the statutory infrastructure provider has an obligation under subsection (1) to connect the premises; and
(c) the connection is not covered by an agreement between the statutory infrastructure provider and the carriage service provider;
the statutory infrastructure provider must comply with the obligation on the terms and conditions that were made available on the statutory infrastructure provider's website at the time when the request was made.
Note: See also section 360W.
Ministerial determination--reasonable
(10) The Minister may, by legislative instrument:
(a) determine that, if the condition specified in the determination is satisfied in relation to premises, then, for the purposes of subsection (1), it is taken not to be reasonable for a statutory infrastructure provider to connect the premises to a qualifying fixed - line telecommunications network; or
(b) determine that, if the conditions specified in the determination are satisfied in relation to premises, then, for the purposes of subsection (1), it is taken not to be reasonable for a statutory infrastructure provider to connect the premises to a qualifying fixed - line telecommunications network.
Note: For variation and revocation, see subsection 33(3) of the Acts Interpretation Act 1901 .
(11) A determination under subsection (10) must be an instrument of a legislative character.
Response to request
(11A) If a carriage service provider makes a request as mentioned in subsection (1) on behalf of an end - user at particular premises:
(a) the statutory infrastructure provider must:
(i) notify the carriage service provider that the statutory infrastructure provider will fulfil the request; or
(ii) refuse the request; and
(b) do so within:
(i) 10 business days after receiving the request; or
(ii) if a longer period is specified under subsection (11B)--that longer period.
(11B) The Minister may, by legislative instrument, specify a period for the purposes of subparagraph (11A)(b)(ii).
Note: For variation and revocation, see subsection 33(3) of the Acts Interpretation Act 1901 .
Notification of refusal of request
(12) If:
(a) a carriage service provider makes a request as mentioned in subsection (1) on behalf of an end - user at particular premises; and
(b) the statutory infrastructure provider refuses the request;
then:
(c) the statutory infrastructure provider must:
(i) give written notice of the refusal, and the reasons for the refusal, to the carriage service provider; and
(ii) do so within 5 business days after the refusal; and
(d) if the carriage service provider receives the notice--the carriage service provider must:
(i) give a copy of the notice to the end - user; and
(ii) do so within 5 business days after receiving the notice.