Telecommunications Act 1997

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:

the whole or a part of a provisional nominated service area that is attributable to a subsequent declaration under this section or section 360H; or

the whole or a part of a designated service area;

If:

on or after 1 July 2024, a facility is installed in, or in proximity to, the project area of a real estate development project; and

the facility is not part of the infrastructure of a telecommunications network; and

there is no nominated service area that:

consists of, or includes, the project area; and

is attributable to a declaration under section 360H or this section; and

at a time (the relevant time), a carriage service provider (the first carriage service provider) commences to use the facility:

to supply carriage services to end‑users at premises in the whole or a part of the project area; or

to supply an eligible service to another carriage service provider in order that the other carriage service provider can provide carriage services to end‑users at premises in the whole or a part of the project area; and

any of the following conditions is satisfied:

the first carriage service provider is in a position to exercise control of the facility;

the first carriage service provider is an associate of a person who is in a position to exercise control of the facility;

the first carriage service provider has entered into a contractual arrangement with the person responsible for the real estate development project, where the contractual arrangement relates to the facility; and

the conditions specified in an instrument under subsection (3) are satisfied;

by written instrument, declare that the whole or the part, as the case requires, of the project area is a provisional nominated service area for the purposes of this Part; and

do so within 20 business days after the relevant time.

For the format of the description of the area, see section 360LA.

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

For variation and revocation, see subsection 33(3) of the Acts Interpretation Act 1901.

The Minister may, by legislative instrument, exempt a specified real estate development project from subsection (2).

For variation and revocation, see subsection 33(3) of the Acts Interpretation Act 1901.

Paragraph (2)(d) does not apply in the circumstances specified in a determination under subsection 360Q(4).

If:

on or after 1 July 2024, a facility is installed in, or in proximity to, the project area of a building redevelopment project; and

the facility is not part of the infrastructure of a telecommunications network; and

there is no nominated service area that:

consists of, or includes, the project area; and

is attributable to a declaration under section 360H or this section; and

at a time (the relevant time), a carriage service provider (the first carriage service provider) commences to use the facility:

to supply carriage services to end‑users at premises in the whole or a part of the project area; or

to supply an eligible service to another carriage service provider in order that the other carriage service provider can provide carriage services to end‑users at premises in the whole or a part of the project area; and

any of the following conditions is satisfied:

the first carriage service provider is in a position to exercise control of the facility;

the first carriage service provider is an associate of a person who is in a position to exercise control of the facility;

the first carriage service provider has entered into a contractual arrangement with the person responsible for the building redevelopment project, where the contractual arrangement relates to the facility; and

the conditions specified in an instrument under subsection (3) are satisfied;

by written instrument, declare that the whole or the part, as the case requires, of the project area is a provisional nominated service area for the purposes of this Part; and

do so within 20 business days after the relevant time.

For the format of the description of the area, see section 360LA.

The Minister may, by legislative instrument, specify conditions for the purposes of paragraph (6)(f).

For variation and revocation, see subsection 33(3) of the Acts Interpretation Act 1901.

The Minister may, by legislative instrument, exempt a specified building redevelopment project from subsection (6).

For variation and revocation, see subsection 33(3) of the Acts Interpretation Act 1901.

Paragraph (6)(d) does not apply in the circumstances specified in a determination under subsection 360Q(4).

If a declaration made by a carriage service provider is in force under this section, the carriage service provider must make a copy of the declaration available on its website.

If a carriage service provider makes a declaration under this section, the carriage service provider must:

give a copy of the declaration to the ACMA; and

do so within 10 business days after making the declaration.

In making a declaration under this section, a carriage service provider must comply with any principles determined under subsection (13).

The Minister may, by legislative instrument, determine principles for the purposes of subsection (12).

For variation and revocation, see subsection 33(3) of the Acts Interpretation Act 1901.

A declaration made under this section cannot be revoked except under subsection (15).

The ACMA may, by writing, revoke a declaration made under this section.

A declaration made under this section cannot be varied except under subsection (17).

A carriage service provider may, by writing, vary a declaration made by the carriage service provider under this section, so long as the ACMA has approved the variation under subsection (18).

The ACMA may, on application made by a carriage service provider, approve the variation of a declaration made by the carriage service provider under this section.

An application under subsection (18) must:

be in writing; and

be in accordance with the form approved in writing by the ACMA; and

be accompanied by such information (if any) as is specified under subsection (20); and

be accompanied by such documents (if any) as are specified under subsection (20).

The ACMA may, by legislative instrument:

specify the information that must accompany an application under subsection (18); or

specify the documents that must accompany an application under subsection (18).

For variation and revocation, see subsection 33(3) of the Acts Interpretation Act 1901.

If, under subsection (17), a carriage service provider varies a declaration made by the carriage service provider under this section, the carriage service provider must:

give a copy of the variation to the ACMA; and

do so within 10 business days after making the variation.

A declaration made under this section is not a legislative instrument.

A revocation under subsection (15) is not a legislative instrument.

A variation under subsection (17) is not a legislative instrument.