Telecommunications Act 1997

This section applies to a fixed‑line facility installed in Australia if:

the installation occurs after the commencement of this section; and

the facility is owned or operated by a person other than a carrier.

For fixed‑line facility, see section 372V.

For exemptions, see section 372N.

The owner or operator of the facility must, if requested to do so by a carrier, give the carrier access to the facility.

The owner or operator of the facility is not required to comply with subsection (2) unless:

the access is provided for the sole purpose of enabling the carrier:

to provide facilities and carriage services; or

to establish its own facilities; and

the carrier gives the owner or operator of the facility reasonable notice that the carrier requires the access.

The owner or operator of the facility is not required to comply with subsection (2) in relation to the facility if there is in force a written certificate issued by the ACCC stating that, in the ACCC’s opinion, compliance with subsection (2) in relation to the facility is not technically feasible.

In determining whether compliance with subsection (2) in relation to a facility is technically feasible, the ACCC must have regard to:

whether compliance is likely to result in significant difficulties of a technical or engineering nature; and

whether compliance is likely to result in a significant threat to the health or safety of persons who operate, or work on, the facility; and

if compliance is likely to have a result referred to in paragraph (a) or (b)—whether there are practicable means of avoiding such a result, including (but not limited to):

changing the configuration or operating parameters of the facility; and

making alterations to the facility; and

such other matters (if any) as the ACCC considers relevant.

Before issuing a certificate under subsection (4), the ACCC may consult the ACMA.

If the ACCC receives a request to make a decision about the issue of a certificate under subsection (4), the ACCC must use its best endeavours to make that decision within 10 business days after the request was made.

Subsection (2) does not impose an obligation to the extent (if any) to which the imposition of the obligation would have the effect of depriving any person of a right under a contract that was in force at the time the request was made.

A person must not:

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

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

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

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

Subsections (2) and (9) are civil penalty provisions.

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