Telecommunications Legislation Amendment (Competition and Consumer) Act 2020 (47 of 2020)
Schedule 3 Statutory infrastructure providers etc.
Part 1 Amendments
Division 2 Other amendments
Telecommunications Act 1997
7 After Part 18
Insert:
Part 19 - Statutory infrastructure providers
Division 1 - Introduction
360 Simplified outline of this Part
• 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, connect the premises to a qualifying telecommunications network in order that the carriage service provider can provide qualifying carriage services to the end-user at the premises.
• A statutory infrastructure provider must comply with standards, benchmarks and rules determined by the Minister.
• A statutory infrastructure provider must publish the terms and conditions on which it offers to:
(a) connect premises; or
(b) supply related eligible services to carriage service providers.
360A Definitions
In this Part:
access agreement has the same meaning as in Part XIC of the Competition and Consumer Act 2010.
building redevelopment project has the meaning given by section 360Y.
designated day means the day on which a declaration is made under paragraph 48(1)(c) or (2)(a) of the National Broadband Network Companies Act 2011.
Note: The declaration will state that, in the Minister's opinion, the national broadband network should be treated as built and fully operational.
designated service area has the meaning given by section 360L.
eligible service has the same meaning as in section 152AL of the Competition and Consumer Act 2010.
GDA94 means Geocentric Datum of Australia 1994.
general service area has the meaning given by section 360F.
interim NBN service area has the meaning given by section 360D.
NBN Co has the same meaning as in the National Broadband Network Companies Act 2011.
nominated service area has the meaning given by section 360H or 360J.
project area , for a building redevelopment project, has the meaning given by section 360Y.
provisional interim NBN service area has the meaning given by section 360D.
provisional nominated service area has the meaning given by section 360H.
qualifying carriage service means:
(a) a qualifying fixed-linecarriage service; or
(b) a qualifying fixed wireless carriage service; or
(c) a qualifying satellite carriage service.
qualifying fixed-line carriage service means a carriage service, where:
(a) the carriage service enables end-users to download communications; and
(b) the carriage service is supplied using a line to premises occupied or used by an end-user; and
(c) the peak download transmission speed of the carriage service is at least 25 megabits per second; and
(d) the peak upload transmission speed of the carriage service is at least 5 megabits per second.
qualifying fixed-line telecommunications network means a telecommunications network that is used to supply a qualifying fixed-line carriage service to customers in Australia.
qualifying fixed wireless carriage service has the meaning given by section 360AA.
qualifying satellite carriage service means a carriage service, where:
(a) the carriage service enables end-users to download communications; and
(b) the carriage service is supplied using a satellite; and
(c) the peak download transmission speed of the carriage service is at least 25 megabits per second; and
(d) the peak upload transmission speed of the carriage service is at least 5 megabits per second;
but does not include a public mobile telecommunications service.
qualifying telecommunications network means a telecommunications network that is used, or proposed to be used, to supply a qualifying carriage service to customers, or prospective customers, in Australia.
relevant service area , in relation to a statutory infrastructure provider, means a service area for which the provider is the statutory infrastructure provider.
request includes a notional request by a corporation (in its capacity as a carriage service provider) to itself (in its capacity as a carrier).
service area has the meaning given by section 360C.
statutory infrastructure provider :
(a) for an interim NBN service area - has the meaning given by section 360E; or
(b) for the general service area - has the meaning given by section 360G; or
(c) for a nominated service area - has the meaning given by section 360K; or
(d) for a designated service area - has the meaning given by section 360L.
TAB vector format means the MapInfo proprietary format that contains a spatial representation of data using points, lines, and polygons.
360AA Qualifying fixed wireless carriage service
(1) For the purposes of this Part, qualifying fixed wireless carriage service means a carriage service, where:
(a) the carriage service is supplied using a fixed wireless technology platform; and
(b) the carriage service is marketed to customers, or potential customers, as a fixed wireless service; and
(c) the carriage service enables end-users to download communications; and
(d) the peak download transmission speed of the carriage service is at least 25 megabits per second; and
(e) the peak upload transmission speed of the carriage service is at least 5 megabits per second; and
(f) the carriage service is not a public mobile telecommunications service; and
(g) the carriage service is a listed carriage service; and
(h) the conditions (if any) determined under subsection (2) are satisfied.
(2) The Minister may, by legislative instrument, determine one or more conditions for the purposes of paragraph (1)(h).
(3) For the purposes of this section, fixed wireless technology platform has the meaning generally accepted within the telecommunications industry.
Division 2 - Service areas and statutory infrastructure providers
Subdivision AA - Introduction
360B Simplified outline of this Division
• There are 4 types of service area, as follows:
(a) an interim NBN service area;
(b) the general service area;
(c) a nominated service area;
(d) a designated service area.
• Interim NBN service areas exist only before the designated day.
• The general service area exists only after the start of the designated day.
• An NBN corporation will be the statutory infrastructure provider for an interim NBN service area.
• NBN Co will be the statutory infrastructure provider for the general service area.
• A nominated service area is an area that is attributable to:
(a) a declaration made by a carrier; or
(b) certain carrier licence conditions declarations made by the Minister.
• The statutory infrastructure provider for a nominated service area that is attributable to a declaration made by a carrier will be:
(a) the carrier; or
(b) another carrier declared by the Minister.
• The statutory infrastructure provider for a nominated service area that is attributable to a carrier licence conditions declaration will be:
(a) the carrier to whom the carrier licence conditions declaration applies; or
(b) another carrier declared by the Minister.
• A designated service area is an area declared by the Minister.
• The statutory infrastructure provider for a designated service area will be a carrier declared by the Minister.
• Nominated service areas and designated service areas are excluded from interim NBN service areas and the general service area.
• Designated service areas are excluded from nominated service areas.
360C Definition of service area
For the purposes of this Part, service area means:
(a) before the designated day:
(i) an interim NBN service area; or
(ii) a nominated service area; or
(iii) a designated service area; or
(b) after the start of the designated day:
(i) the general service area; or
(ii) a nominated service area; or
(iii) a designated service area.
Subdivision A - Rules applicable before the designated day
360D Interim NBN service area
(1) For the purposes of the application of this Part before the designated day, an interim NBN service area is so much of a provisional interim NBN service area as is not:
(a) the whole or a part of a nominated service area; or
(b) the whole or a part of a designated service area.
Provisional interim NBN service area
(2) If, during the period:
(a) beginning at the commencement of this section; and
(b) ending immediately before the designated day;
there begins to be published on NBN Co's website a statement to the effect that a particular area in Australia is ready for service, NBN Co must:
(c) by written instrument, declare that the area is a provisional interim NBN service area for the purposes of the application of this Part before the designated day; and
(d) do so within 10 business days after the end of the month in which the statement began to be published.
Note: For the format of the description of the area, see section 360LA.
(3) If, before the commencement of this section, there was published on NBN Co's website a statement to the effect that a particular area in Australia is ready for service, NBN Co must:
(a) by written instrument, declare that the area is a provisional interim NBN service area for the purposes of the application of this Part before the designated day; and
(b) do so within 10 business days after the commencement of this section.
Note: For the format of the description of the area, see section 360LA.
Publication etc.
(4) NBN Co must publish a copy of a declaration made by it under subsection (2) or (3) on its website.
(5) NBN Co must give a copy of a declaration made by it under subsection (2) or (3) to the ACMA.
Revocation
(6) A declaration made under subsection (2) or (3) cannot be revoked.
Variation
(7) A declaration made under subsection (2) or (3) cannot be varied except under subsection (8) or (9).
(8) A declaration made under subsection (2) or (3) cannot be varied by NBN Co except to correct a clerical error or obvious mistake.
(9) The Minister may, by writing, vary a declaration made under subsection (2) or (3).
(10) The Minister must give a copy of a variation under subsection (9) to the ACMA.
(11) Before making a decision under subsection (9) to vary a declaration, the Minister must:
(a) cause to be published on the Department's website a notice:
(i) setting out the draft variation; and
(ii) inviting persons to make submissions to the Minister about the draft variation within the time limit specified in the notice; and
(b) consider any submissions received within the time limit specified in the notice.
(12) The time limit must not be shorter than 10 business days after the notice is published.
Rules
(13) In making a declaration under subsection (2) or (3), NBN Co must comply with any rules under subsection (14).
(14) The Minister may, by legislative instrument, make rules for the purposes of subsection (13).
Declaration and variation are not legislative instruments
(15) A declaration made under subsection (2) or (3) is not a legislative instrument.
(16) A variation under subsection (8) or (9) is not a legislative instrument.
360E Statutory infrastructure provider for an interim NBN service area
For the purposes of the application of this Part before the designated day, if:
(a) an area is a provisional interim NBN service area because of a section 360D declaration made by NBN Co; and
(b) the whole or a part of the provisional interim NBN service area is an interim NBN service area;
NBN Co is the statutory infrastructure provider for the interim NBN service area.
Subdivision B - Rules applicable after the start of the designated day
360F General service area
For the purposes of the application of this Part after the start of the designated day, the general service area means Australia, other than:
(a) a nominated service area; or
(b) a designated service area.
360G Statutory infrastructure provider for the general service area
For the purposes of the application of this Part after the start of the designated day, NBN Co is the statutory infrastructure provider for the general service area.
Subdivision C - Rules applicable before, at and after the start of the designated day
360H Nominated service area - declaration made by a carrier
(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
(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 of the project area of a real estate development project; and
(b) the installation was carried out under a contract; and
(c) the conditions specified in an instrument under subsection (3) are satisfied;
the carrier must:
(d) by written instrument, declare that the whole 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).
(3A) The Minister may, by legislative instrument, exempt a specified real estate development project from subsection (2).
(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 of the project area of a building redevelopment project; and
(b) the installation was carried out under a contract; and
(c) the conditions specified in an instrument under subsection (5) are satisfied;
the carrier must:
(d) by written instrument, declare that the whole 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).
(5A) The Minister may, by legislative instrument, exempt a specified building redevelopment project from subsection (4).
(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; and
(b) the 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 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
(e) the conditions specified in an instrument under subsection (7) are satisfied;
the carrier may, by written instrument, declare that the 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).
Publication etc.
(8) A carrier must publish on its website a copy of a declaration made by it under this section.
(9) A carrier must give a copy of a declaration made by it under this section to the ACMA.
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).
Revocation
(12) A declaration made under this section cannot be revoked.
Variation
(13) A declaration made under this section cannot be varied except under subsection (14).
(14) The Minister may, by writing, vary a declaration made under this section.
(15) The Minister must give a copy of a variation under subsection (14) to the ACMA.
(16) Before making a decision under subsection (14) to vary a declaration, the Minister must:
(a) cause to be published on the Department's website a notice:
(i) setting out the draft variation; and
(ii) inviting persons to make submissions to the Minister about the draft variation within the time limit specified in the notice; and
(b) consider any submissions received within the time limit specified in the notice.
(17) The time limit must not be shorter than 10 business days after the notice is published.
Declaration and variation are not legislative instruments
(18) A declaration made under this section 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.
360HA Nominated service area - anticipatory notice to be given to the ACMA by a carrier
Nominated service area - real estate development project
(1) If:
(a) after the commencement of this section, a carrier (other than an NBN corporation) enters into a contract for the installation of telecommunications network infrastructure that will enable the supply of eligible services to premises in the whole of the project area of a real estate development project; and
(b) when the installation is completed, the carrier will be required, by subsection 360H(2), to declare that the whole of the project area is a provisional nominated service area for the purposes of this Part;
the carrier must:
(c) give the ACMA a written notice that:
(i) states that the carrier has entered into the contract; and
(ii) specifies the project area; and
(iii) describes the telecommunications network infrastructure that is to be installed under the contract; and
(iv) sets out the carrier's estimate of the likely completion date for the installation; and
(d) do so within 10 business days after entering into the contract.
Note: For the format of the description of the area, see section 360LA.
(2) If:
(a) before the commencement of this section, a carrier (other than an NBN corporation) entered into a contract for the installation of telecommunications network infrastructure that will enable the supply of eligible services to premises in the whole of the project area of a real estate development project; and
(b) the installation was not completed before the commencement of this section; and
(c) when the installation is completed, the carrier will be required, by subsection 360H(2), to declare that the whole of the project area is a provisional nominated service area for the purposes of this Part;
the carrier must:
(d) give the ACMA a written notice that:
(i) states that the carrier has entered into the contract; and
(ii) specifies the project area; and
(iii) describes the telecommunications network infrastructure that is to be installed under the contract; and
(iv) sets out the carrier's estimate of the likely completion date for the installation; and
(e) do so:
(i) within 90 days after the commencement of this section; or
(ii) if the ACMA allows a longer period - within that longer period.
Note: For the format of the description of the area, see section 360LA.
Nominated service area - building redevelopment project
(3) If:
(a) after the commencement of this section, a carrier (other than an NBN corporation) enters into a contract for the installation of telecommunications network infrastructure that will enable the supply of eligible services to premises in the whole of the project area of a building redevelopment project; and
(b) when the installation is completed, the carrier will be required, by subsection 360H(4), to declare that the whole of the project area is a provisional nominated service area for the purposes of this Part;
the carrier must:
(c) give the ACMA a written notice that:
(i) states that the carrier has entered into the contract; and
(ii) specifies the project area; and
(iii) describes the telecommunications network infrastructure that is to be installed under the contract; and
(iv) sets out the carrier's estimate of the likely completion date for the installation; and
(d) do so within 10 business days after entering into the contract.
Note: For the format of the description of the area, see section 360LA.
(4) If:
(a) before the commencement of this section, a carrier (other than an NBN corporation) entered into a contract for the installation of telecommunications network infrastructure that will enable the supply of eligible services to premises in the whole of the project area of a building redevelopment project; and
(b) the installation was not completed before the commencement of this section; and
(c) when the installation is completed, the carrier will be required, by subsection 360H(4), to declare that the whole of the project area is a provisional nominated service area for the purposes of this Part;
the carrier must:
(d) give the ACMA a written notice that:
(i) states that the carrier has entered into the contract; and
(ii) specifies the project area; and
(iii) describes the telecommunications network infrastructure that is to be installed under the contract; and
(iv) sets out the carrier's estimate of the likely completion date for the installation; and
(e) do so:
(i) within 90 days after the commencement of this section; or
(ii) if the ACMA allows a longer period - within that longer period.
Note: For the format of the description of the area, see section 360LA.
360J Nominated service area - carrier licence conditions declarations
For the purposes of this Part, if, immediately before the commencement of this section, a carrier licence held by a carrier was subject to a condition under any of the following declarations in relation to a development area (within the meaning of the declaration):
(a) the Carrier Licence Conditions (OptiComm Co Pty Ltd) Declaration 2013;
(b) the Carrier Licence Conditions (Pivit Pty Ltd) Declaration 2013;
(c) the Carrier Licence Conditions (NT Technology Services Pty Ltd) Declaration 2014;
the development area is a nominated service area for the purposes of this Part.
360K Statutory infrastructure provider for a nominated service area
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.
(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.
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 section 360J 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.
360L Designated service area and statutory infrastructure provider
The Minister may, by legislative instrument, declare that:
(a) a specified area is a designated service area for the purposes of this Part; and
(b) a specified carrier is the statutory infrastructure provider for the designated service area for the purposes of this Part.
Note: For the format of the description of the area, see section 360LA.
Subdivision D - Format of description of areas
360LA Format of description of areas
(1) An area declared under:
(a) subsection 360D(2); or
(b) subsection 360D(3); or
(c) subsection 360H(2); or
(d) subsection 360H(4); or
(e) subsection 360H(6); or
(f) section 360L;
must be described:
(g) in a TAB vector format using the GDA94 coordinate system; or
(h) if another format is determined under subsection (3) - in that other format.
(2) An area specified under:
(a) subsection 360HA(1); or
(b) subsection 360HA(2); or
(c) subsection 360HA(3); or
(d) subsection 360HA(4);
must be described:
(e) in a TAB vector format using the GDA94 coordinate system; or
(f) if another format is determined under subsection (3) - in that other format.
(3) The ACMA may, by legislative instrument, determine a format for the purposes of paragraphs (1)(h) and (2)(f).
Division 3 - Obligations of statutory infrastructure provider
360P Obligation of statutory infrastructure provider to connect premises
(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).
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).
(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 published 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 published as mentioned in paragraph (c);
the statutory infrastructure provider must comply with the request mentioned in paragraph (d).
Note: For publication, see 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 published on the statutory infrastructure provider's website at the time when the request was made.
Note: For publication, see 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.
(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).
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 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.
360Q Obligation of statutory infrastructure provider to supply eligible services - premises
(1) The statutory infrastructure provider for a service area must, on reasonable request by a carriage service provider:
(a) supply an eligible service to the carriage service provider in order that the carriage service provider can provide qualifying carriage services to end-users at premises in the service area; and
(b) do so on the terms and conditions that were published on the statutory infrastructure provider's website at the time when the request was made.
Note: For publication, see section 360X.
(1A) The eligible service must enable the carriage service provider to supply, to end-users at premises in the service area, carriage services that can be used by those end-users to make and receive voice calls.
(1B) Subsection (1A) does not apply if the carriage service is supplied using a satellite.
(1C) To avoid doubt, the requirement in subsection (1A) is part of the obligation under subsection (1).
Exceptions
(2) If:
(a) a statutory infrastructure provider for a service area supplies an eligible service to a carriage service provider in order that the carriage service provider can provide qualifying carriage services to end-users at premises in the service area; and
(b) the eligible service enables the carriage service provider to supply, to end-users at premises in the service area, carriage services that can be used by those end-users to make and receive voice calls; and
(c) the eligible service is a declared service (within the meaning of Part XIC of the Competition and Consumer Act 2010); and
(d) the statutory infrastructure provider is subject to a standard access obligation (within the meaning of Part XIC of the Competition and Consumer Act 2010) in relation to the eligible service;
the statutory infrastructure provider does not have an obligation under subsection (1) to supply the eligible service to the carriage service provider in order that the carriage service provider can provide qualifying carriage services to end-users at premises in the service area.
(2A) Paragraph (2)(b) does not apply if the carriage service is supplied using a satellite.
(3) An obligation does not arise under subsection (1) in relation to supply of an eligible service in the circumstances (if any) specified in a determination under subsection (4).
(4) The Minister may, by legislative instrument, determine circumstances for the purposes of subsection (3).
Requirements
(5) 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 (6).
(6) The Minister may, by legislative instrument, determine one or more requirements for the purposes of subsection (5).
(7) A requirement may be of general application or may be limited to one or more service areas.
(8) Subsection (7) does not, by implication, limit the application of subsection 33(3A) of the Acts Interpretation Act 1901.
Terms and conditions
(9) If:
(a) a carriage service provider makes a request as mentioned in subsection (1) in relation to the supply of an eligible service; and
(b) as a result, the statutory infrastructure provider has an obligation under subsection (1) to supply the eligible service; and
(c) the statutory infrastructure provider has published 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 supply eligible services to carriage service providers in order that the carriage service providers can provide qualifying carriage services to end-users at premises in the service area; and
(d) the carriage service provider requests the statutory infrastructure provider to enter into an agreement that:
(i) relates to the supply of eligible services to the carriage service provider in order that the carriage service provider can provide qualifying carriage services to end-users at premises in the service area; and
(ii) sets out terms and conditions that are the same as the terms and conditions published as mentioned in paragraph (c);
the statutory infrastructure provider must comply with the request mentioned in paragraph (d).
Note: For publication, see section 360X.
(10) If:
(a) a carriage service provider makes a request as mentioned in subsection (1) in relation to the supply of an eligible service; and
(b) as a result, the statutory infrastructure provider has an obligation under subsection (1) to supply the eligible service; and
(c) the supply of the eligible service 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 published on the statutory infrastructure provider's website at the time when the request was made.
Note: For publication, see section 360X.
360R Notification obligations of statutory infrastructure provider
Scope
(1) This section applies if a carrier (the first carrier ) is the statutory infrastructure provider for:
(a) a nominated service area; or
(b) a designated service area.
Obligations
(2) If the first carrier becomes aware that it is likely that it will no longer be able to fulfil its obligations under section 360P or 360Q, so far as they relate to the area, the first carrier must:
(a) give written notice of the matter to:
(i) the Secretary of the Department; and
(ii) the ACMA; and
(b) do so as soon as practicable after becoming so aware.
(3) If:
(a) subsection (2) applies; and
(b) the first carrier becomes aware that another carrier is willing to become the statutory infrastructure provider for the area;
the first carrier must:
(c) give written notice of the matter to:
(i) the Secretary of the Department; and
(ii) the ACMA; and
(d) do so as soon as practicable after becoming so aware.
360S Targets for NBN Co
(1) The Parliament intends that NBN Co should take all reasonable steps to ensure that the telecommunications networks that:
(a) are operated by NBN Co; and
(b) are used to supply qualifying fixed-line carriage services to customers in Australia;
are (when considered together) capable of being used to supply fixed-line carriage services, where:
(c) the peak download transmission speed of the carriage service is at least 50 megabits per second; and
(d) the peak upload transmission speed of the carriage service is at least 10 megabits per second;
to at least 90% of premises in the areas that, according to NBN Co's website, are serviced by NBN Co's fixed-line carriage services.
(2) The Parliament intends that NBN Co should take all reasonable steps to ensure that the telecommunications networks that:
(a) are operated by NBN Co; and
(b) are used to supply qualifying fixed-line carriage services to customers in Australia;
are (when considered together) capable of being connected to at least 92% of premises in Australia.
(3) In fulfilling its obligations under section 360P or 360Q, NBN Co must have regard to subsections (1) and (2) of this section.
Division 4 - Standards, benchmarks and rules
360U Standards and benchmarks
Standards
(1) The Minister may, by legislative instrument, determine standards to be complied with by statutory infrastructure providers in relation to any or all of the following matters:
(a) the terms and conditions of the supply of an eligible service to a carriage service provider in order that the carriage service provider can provide qualifying carriage services to an end-user at premises in a relevant service area;
(b) the reliability of such an eligible service supplied to a carriage service provider;
(c) the maximum period within which a statutory infrastructure provider must begin to supply such an eligible service following the making of a request by a carriage service provider;
(d) the maximum period within which a statutory infrastructure provider must rectify a fault or service difficulty relating to such an eligible service following the making of a report by a carriage service provider about the fault or service difficulty;
(e) any other matter concerning the supply, or proposed supply, of such an eligible service to a carriage service provider;
(f) the maximum period within which the statutory infrastructure provider must connect premises in a relevant 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, following the making of a request by the carriage service provider on behalf of the end-user;
(g) any other matter concerning the connection of premises in a relevant 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.
(2) A determination under subsection (1) may be of general application or may be limited as provided in the determination.
(3) Subsection (2) does not, by implication, limit subsection 33(3A) of the Acts Interpretation Act 1901.
(3A) Standards determined under subsection (1) may make provision for or in relation to a matter by conferring a power on the ACMA to make a legislative instrument.
Compliance with standards
(4) A statutory infrastructure provider must comply with a standard determined under subsection (1).
(5) However, a statutory infrastructure provider is not required to comply with a standard determined under subsection (1) to the extent that the standard is inconsistent with an access agreement to which the statutory infrastructure provider is a party, so long as:
(a) the agreement was entered into before the commencement of the standard; and
(b) the agreement has not been varied after the commencement of the standard.
Performance benchmarks
(6) The Minister may, by legislative instrument, set minimum benchmarks in relation to compliance by a statutory infrastructure provider with a standard determined under subsection (1).
(7) An instrument under subsection (6) may be of general application or may be limited as provided in the instrument.
(8) Subsection (7) does not, by implication, limit subsection 33(3A) of the Acts Interpretation Act 1901.
(8A) Benchmarks set under subsection (6) may make provision for or in relation to a matter by conferring a power on the ACMA to make a legislative instrument.
Provider must meet or exceed minimum benchmarks
(9) A statutory infrastructure provider must meet or exceed a minimum benchmark set by an instrument under subsection (6).
360V Rules
(1) The Minister may, by legislative instrument, make rules to be complied with by statutory infrastructure providers in relation to any or all of the following matters:
(a) the process for resolution of complaints about the supply of an eligible service to a carriage service provider in order that the carriage service provider can provide qualifying carriage services to an end-user at premises in a relevant service area;
(b) any other matter concerning the supply, or proposed supply, of such an eligible service to a carriage service provider;
(c) the process for resolution of complaints about the connection of 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;
(d) any other matter concerning the connection of 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.
(1A) Rules under subsection (1) may make provision for or in relation to a matter by conferring a power on the ACMA to make a legislative instrument.
Compliance
(2) A statutory infrastructure provider must comply with rules under subsection (1).
(3) However, a statutory infrastructure provider is not required to comply with a rule under subsection (1) to the extent that the rule is inconsistent with an access agreement to which the statutory infrastructure provider is a party, so long as:
(a) the agreement was entered into before the commencement of the rule; and
(b) the agreement has not been varied after the commencement of the rule.
Division 5 - Publication of offers
360W Publication of offer etc. - connection of premises
(1) A statutory infrastructure provider for a service area must publish on its website:
(a) the terms and conditions relating to price or a method of ascertaining price; and
(b) 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.
(2) The terms and conditions mentioned in subsection (1) must include the maximum period within which the statutory infrastructure provider must so connect premises following the making of a request by a carriage service provider on behalf of an end-user at the premises.
(3) Subsection (2) does not limit subsection (1).
(4) An offer published under subsection (1) has no effect to the extent to which it is inconsistent with:
(a) a standard determined under section 360U; or
(b) rules made under section 360V.
360X Publication of offer - supply of eligible services
(1) A statutory infrastructure provider for a service area must publish on its website:
(a) the terms and conditions relating to price or a method of ascertaining price; and
(b) other terms and conditions;
on which it offers to supply eligible services to carriage service providers in order that the carriage service providers can provide qualifying carriage services to end-users at premises in the service area.
(2) The terms and conditions mentioned in subsection (1) must include:
(a) the maximum period within which the statutory infrastructure provider must begin to supply such an eligible service following the making of a request by a carriage service provider; and
(b) the maximum period within which the statutory infrastructure provider must rectify a fault or service difficulty relating to such an eligible service following the making of a report by a carriage service provider about the fault or service difficulty.
(3) Subsection (2) does not limit subsection (1).
(4) An offer published under subsection (1) has no effect to the extent to which it is inconsistent with:
(a) a standard determined under section 360U; or
(b) rules made under section 360V.
Division 6 - Miscellaneous
360XA Periodic compliance reports
(1) The Minister may, by legislative instrument, make rules requiring each statutory infrastructure provider to give to the ACMA periodic reports relating to the provider's compliance with this Part.
Compliance
(2) A statutory infrastructure provider must comply with rules under subsection (1).
(3) A person is not excused from giving a report under rules under subsection (1) on the ground that the report might tend to incriminate the person or expose the person to a penalty.
(4) However, in the case of an individual:
(a) the report; or
(b) giving the report; or
(c) any information, document or thing obtained as a direct or indirect consequence of giving the report;
is not admissible in evidence against the individual:
(d) in civil proceedings for the recovery of a penalty; or
(e) in criminal proceedings (other than proceedings for an offence against section 137.1 or 137.2 of the Criminal Code that relates to the report).
Other information-gathering powers not limited
(5) This section does not, by implication, limit Part 27.
360Y Building redevelopment projects etc.
(1) For the purposes of this Part, a project is a building redevelopment project if:
(a) the project involves:
(i) the significant refurbishment or repurposing of one or more buildings so as to bring into existence one or more building units; and
(ii) the making available of any or all of those building units for sale or lease; and
(b) the conditions (if any) specified in an instrument under subsection (3) are satisfied.
(2) For the purposes of this Part, the area or areas occupied by the building or buildings are the project area for the building redevelopment project.
(3) The Minister may, by legislative instrument, specify conditions for the purposes of paragraph (1)(b).
(4) For the purposes of subsection (1), it is immaterial whether:
(a) the project has been, is being, or will be, implemented in stages; or
(b) different elements of the project have been, are being, or will be, carried out by different persons; or
(c) one or more approvals are given, are required, or will be required, under a law of the Commonwealth, a State or a Territory, for the project, or any element of the project.
360Z Register of statutory infrastructure providers and anticipatory notices
(1) The ACMA is to maintain a Register in which the ACMA includes:
(a) the name of each statutory infrastructure provider; and
(b) for each of those providers - the relevant service area or areas; and
(c) a copy of each notice given by a carrier under:
(i) subsection 360HA(1); or
(ii) subsection 360HA(2); or
(iii) subsection 360HA(3); or
(iv) subsection 360HA(4).
(2) The Register may be maintained by electronic means.
(3) The Register is to be made available for inspection on the ACMA's website.
360ZA Delegation
Delegation to the ACMA
(1) The Minister may, by writing, delegate to the ACMA any or all of the Minister's powers under the following provisions:
(a) subsection 360D(14);
(b) subsection 360H(3);
(c) subsection 360H(5);
(d) subsection 360H(7);
(e) subsection 360H(11);
(f) subsection 360P(3);
(g) subsection 360P(5);
(h) subsection 360P(10);
(i) subsection 360Q(4);
(j) subsection 360Q(6);
(k) subsection 360U(1);
(l) subsection 360U(6);
(m) subsection 360XA(1);
(n) subsection 360Y(3).
(2) In performing a delegated function or exercising a delegated power, the ACMA must comply with any written directions of the Minister.
Delegation to a member of the ACMA or to a member of the staff of the ACMA
(3) The Minister may, by writing, delegate to:
(a) a member of the ACMA; or
(b) a person who is:
(i) a member of the staff of the ACMA; and
(ii) an SES employee or acting SES employee;
any or all of the Minister's powers under subsection 360H(14) (variation of nominated service area declaration).
(4) In exercising a delegated power, the delegate must comply with any written directions of the Minister.