Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) 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:
(a) 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
(b) the whole or a part of a designated service area;
is a nominated service area .
Provisional nominated service area--real estate development project
(2) If:
(a) 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
(b) the facility is not part of the infrastructure of a telecommunications network; and
(c) there is no nominated service area that:
(i) consists of, or includes, the project area; and
(ii) is attributable to a declaration under section 360H or this section; and
(d) at a time (the relevant time ), a carriage service provider (the first carriage service provider ) commences to use the facility:
(i) to supply carriage services to end - users at premises in the whole or a part of the project area; or
(ii) 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
(e) any of the following conditions is satisfied:
(i) the first carriage service provider is in a position to exercise control of the facility;
(ii) the first carriage service provider is an associate of a person who is in a position to exercise control of the facility;
(iii) 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
(f) the conditions specified in an instrument under subsection (3) are satisfied;
the first carriage service provider must:
(g) 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
(h) do so within 20 business days after the relevant time.
Note: For the format of the description of the area, see section 360LA.
(3) The Minister may, by legislative instrument, specify conditions for the purposes of paragraph (2)(f).
Note: For variation and revocation, see subsection 33(3) of the Acts Interpretation Act 1901 .
(4) The Minister may, by legislative instrument, exempt a specified real estate development project from subsection (2).
Note: For variation and revocation, see subsection 33(3) of the Acts Interpretation Act 1901 .
(5) Paragraph (2)(d) does not apply in the circumstances specified in a determination under subsection 360Q(4).
Provisional nominated service area--building redevelopment project
(6) If:
(a) on or after 1 July 2024, a facility is installed in, or in proximity to, the project area of a building redevelopment project; and
(b) the facility is not part of the infrastructure of a telecommunications network; and
(c) there is no nominated service area that:
(i) consists of, or includes, the project area; and
(ii) is attributable to a declaration under section 360H or this section; and
(d) at a time (the relevant time ), a carriage service provider (the first carriage service provider ) commences to use the facility:
(i) to supply carriage services to end - users at premises in the whole or a part of the project area; or
(ii) 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
(e) any of the following conditions is satisfied:
(i) the first carriage service provider is in a position to exercise control of the facility;
(ii) the first carriage service provider is an associate of a person who is in a position to exercise control of the facility;
(iii) 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
(f) the conditions specified in an instrument under subsection (3) are satisfied;
the first carriage service provider must:
(g) 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
(h) do so within 20 business days after the relevant time.
Note: For the format of the description of the area, see section 360LA.
(7) The Minister may, by legislative instrument, specify conditions for the purposes of paragraph (6)(f).
Note: For variation and revocation, see subsection 33(3) of the Acts Interpretation Act 1901 .
(8) The Minister may, by legislative instrument, exempt a specified building redevelopment project from subsection (6).
Note: For variation and revocation, see subsection 33(3) of the Acts Interpretation Act 1901 .
(9) Paragraph (6)(d) does not apply in the circumstances specified in a determination under subsection 360Q(4).
Declaration to be made available etc.
(10) 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.
(11) If a carriage service provider makes a declaration under this section, the carriage service provider must:
(a) give a copy of the declaration to the ACMA; and
(b) do so within 10 business days after making the declaration.
Principles
(12) In making a declaration under this section, a carriage service provider must comply with any principles determined under subsection (13).
(13) The Minister may, by legislative instrument, determine principles for the purposes of subsection (12).
Note: For variation and revocation, see subsection 33(3) of the Acts Interpretation Act 1901 .
Revocation
(14) A declaration made under this section cannot be revoked except under subsection (15).
(15) The ACMA may, by writing, revoke a declaration made under this section.
Variation
(16) A declaration made under this section cannot be varied except under subsection (17).
(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).
(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.
(19) An application under subsection (18) 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 (20); and
(d) be accompanied by such documents (if any) as are specified under subsection (20).
(20) The ACMA may, by legislative instrument:
(a) specify the information that must accompany an application under subsection (18); or
(b) specify the documents that must accompany an application under subsection (18).
Note: For variation and revocation, see subsection 33(3) of the Acts Interpretation Act 1901 .
(21) 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:
(a) give a copy of the variation to the ACMA; and
(b) do so within 10 business days after making the variation.
Declaration, revocation and variation are not legislative instruments
(22) A declaration made under this section is not a legislative instrument.
(23) A revocation under subsection (15) is not a legislative instrument.
(24) A variation under subsection (17) is not a legislative instrument.