Commonwealth Consolidated Acts

TELECOMMUNICATIONS ACT 1997 - SECT 372B

Scope

  (1)   This section applies to the installation of a line in the project area, or any of the project areas, for a real estate development project if:

  (a)   the project involves the subdivision of one or more areas of land into building lots; and

  (b)   the project is specified in, or ascertained in accordance with, a legislative instrument made by the Minister; and

  (c)   the line is wholly or primarily used, or wholly or primarily for use, to supply one or more carriage services to either or both of the following:

  (i)   one or more end - users in one or more building units;

  (ii)   one or more prospective end - users in one or more building units; and

  (d)   those building units have been, are being, are to be, or may be, constructed on any of those building lots; and

  (e)   the line is not on the customer side of the boundary of a telecommunications network; and

  (f)   the line is used, or for use, to supply a carriage service to the public; and

  (g)   the installation occurs after the commencement of this section.

Note 1:   For real estate development project , see section   372Q.

Note 2:   For subdivision of an area of land, see section   372R.

Note 3:   For building lot , see section   372Q.

Note 4:   For specification by class, see subsection   13(3) of the Legislation Act 2003 .

Note 5:   For building unit , see section   372S.

Note 6:   For boundary of a telecommunications network , see section   22.

Note 7:   For supply to the public , see section   372ZA.

Note 8:   For exemption of certain projects, see section   372P.

Requirement

  (2)   A person must not install a line in the project area, or any of the project areas, for a real estate development project, unless:

  (a)   the line is an optical fibre line; and

  (b)   the conditions (if any) specified in an instrument under subsection   (4) are satisfied.

Note:   For exemptions, see section   372D.

Ancillary provisions

  (3)   For the purposes of paragraph   (1)(c), it is immaterial whether the end - users or prospective end - users are capable of being identified.

Conditions

  (4)   The Minister may, by legislative instrument, specify conditions for the purposes of paragraph   (2)(b).

Functions and powers

  (5)   An instrument under paragraph   (1)(b) may confer functions or powers on the ACMA.

Ancillary contraventions

  (6)   A person must not:

  (a)   aid, abet, counsel or procure a contravention of subsection   (2); or

  (b)   induce, whether by threats or promises or otherwise, a contravention of subsection   (2); or

  (c)   be in any way, directly or indirectly, knowingly concerned in, or party to, a contravention of subsection   (2); or

  (d)   conspire with others to effect a contravention of subsection   (2).

Civil penalty provisions

  (7)   Subsections   (2) and (6) are civil penalty provisions .

Note:   Part   31 provides for pecuniary penalties for breaches of civil penalty provisions.