Commonwealth Consolidated Acts Commonwealth Consolidated ActsNominated 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 or a part 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 or the part, as the case requires, 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
(ia) sets out the date on which the contract was entered into; and
(ii) specifies the whole or the part, as the case requires, of 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 20 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 or a part 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 or the part, as the case requires, 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 whole or the part, as the case requires, of 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 or a part 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 or the part, as the case requires, 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
(ia) sets out the date on which the contract was entered into; and
(ii) specifies the whole or the part, as the case requires, of 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 20 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 or a part 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 or the part, as the case requires, 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
(ia) sets out the date on which the contract was entered into; and
(ii) specifies the whole or the part, as the case requires, of 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.
(5) A carrier may, by writing, vary a notice given by the carrier under this section, so long as the ACMA has approved the variation under subsection (6).
(6) The ACMA may, on application made by a carrier, approve the variation of a notice given by the carrier under this section.
(7) An application under subsection (6) must:
(a) be in writing; and
(b) be in accordance with the form approved in writing by the ACMA; and
(c) be accompanied by such information (if any) as is specified under subsection (8); and
(d) be accompanied by such documents (if any) as are specified under subsection (8).
(8) The ACMA may, by legislative instrument:
(a) specify the information that must accompany an application under subsection (6); or
(b) specify the documents that must accompany an application under subsection (6).
Note: For variation and revocation, see subsection 33(3) of the Acts Interpretation Act 1901 .
(9) If, under subsection (5), a carrier varies a notice given by the carrier under this section, the carrier must:
(a) give a copy of the variation to the ACMA; and
(b) do so within 10 business days after making the variation.