Telecommunications Legislation Amendment (Competition and Consumer) Act 2020 (47 of 2020)

Schedule 2   Local access lines

Telecommunications Act 1997

64   Subsection 156(4)

Omit "subsection (2) does not apply to the extension.", substitute:

then:

(d) subsection (2) does not apply to the extension at any time before the designated commencement date; and

(e) if, at a time that occurs on or after the designated commencement date, there is in force a legally enforceable agreement that satisfies the following conditions:

(i) the agreement provides for the transfer of ownership or control of the infrastructure of the extension to an NBN corporation;

(ii) the agreement is covered by a determination made under subsection 577BA(9);

subsection (2) of this section does not apply to the extension at that time; and

(f) if, at a time that occurs on or after the designated commencement date, there is in force a legally enforceable agreement that satisfies the following conditions:

(i) the contract provides for the deactivation or decommissioning of the infrastructure of the extension;

(ii) the contract was entered into between NBN Co and the listed Optus companies (see subsection (7));

subsection (2) does not apply to the extension at that time.