Telecommunications Act 1997

For the purposes of this Part, if:

a telecommunications network is altered or upgraded on or after 1 January 2011, but before the designated commencement date; and

as a result of the alteration or upgrade, a part of the network became capable of being used to supply a superfast carriage service to residential customers, or prospective residential customers, in Australia;

that part is taken to be a network in its own right; and

the network referred to in paragraph (c) is taken to have come into existence on or after 1 January 2011, but before the designated commencement date.

For the purposes of this Part, if:

a telecommunications network is extended on or after 1 January 2011, but before the designated commencement date; and

the extended part of the network is capable of being used to supply a superfast carriage service to residential customers, or prospective residential customers, in Australia;

the extended part is taken to be a network in its own right; and

the network referred to in paragraph (c) is taken to have come into existence on or after 1 January 2011, but before the designated commencement date.

If:

a part of the infrastructure of a telecommunications network is situated in a particular area that is being or was developed as a particular stage of a real estate development project (within the ordinary meaning of that expression); and

before the designated commencement date, the network is extended to another area that is being, or is to be, developed as another stage of the project;

If:

a telecommunications network was in existence immediately before 1 January 2011; and

the network is extended on or after 1 January 2011; and

no point on the infrastructure of the extension is located more than:

1 kilometre; or

if a longer distance is specified in the regulations—that longer distance;

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

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:

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

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

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:

the contract provides for the deactivation or decommissioning of the infrastructure of the extension;

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

The regulations may provide that subsection (2) does not apply to a specified extension of a telecommunications network.

For specification by class, see the Acts Interpretation Act 1901.

Subsections (1) and (2) do not apply in determining the meaning of an expression used in:

section 142C; or

sections 151ZF, 151ZG and 151ZH, to the extent to which they relate to a line to which section 142C applies; or

any other provision of this Part, so far as that provision relates to:

section 142C; or

section 151ZF, 151ZG or 151ZH, to the extent to which that section relates to a line to which section 142C applies.

For the purposes of this section, listed Optus company means:

Optus Networks Pty Limited (ACN 008 570 330); or

Optus Internet Pty Limited (ACN 083 164 532); or

Optus Vision Pty Limited (ACN 066 518 821); or

Optus Vision Media Pty Limited (ACN 070 870 647); or

Optus Systems Pty Limited (ACN 056 541 167); or

SingTel Optus Pty Limited (ACN 052 833 208).