Commonwealth Consolidated Acts Commonwealth Consolidated ActsDesignated Telstra successor company
(1) If:
(a) a person is a carrier; and
(b) during a period comprising the whole or a part of a month in an eligible financial year, either:
(i) the person owns a local access line, but there is no nominated carrier declaration in force in relation to the line; or
(ii) under a nominated carrier declaration, the person is the nominated carrier in relation to a local access line; and
(c) the line is not owned by an NBN corporation at any time during that month; and
(d) the line is not used by an NBN corporation to supply a declared service at any time during that month; and
(e) during the whole of that month, there was in force a legally enforceable agreement that satisfies the following conditions:
(i) the agreement provides for the transfer of ownership or control of the line to an NBN corporation;
(ii) the agreement is covered by a determination made under subsection 577BA(9) of the Telecommunications Act 1997 ;
(iii) the agreement is not specified in an instrument under subsection (2);
the line is an exempt line in relation to the person for that month.
(2) The Minister may, by legislative instrument, specify one or more agreements for the purposes of subparagraph (1)(e)(iii).
Optus
(3) If:
(a) a person is a carrier; and
(b) during a period comprising the whole or a part of a month in an eligible financial year, either:
(i) the person owns a local access line, but there is no nominated carrier declaration in force in relation to the line; or
(ii) under a nominated carrier declaration, the person is the nominated carrier in relation to a local access line; and
(c) the line is not owned by an NBN corporation at any time during that month; and
(d) the line is not used by an NBN corporation to supply a declared service at any time during that month; and
(e) during the whole of that month, there was in force a contract that satisfies the following conditions:
(i) the contract provides for the deactivation or decommissioning of lines that form part of the infrastructure of a hybrid fibre - coaxial network;
(ii) the contract was entered into between NBN Co and the listed Optus companies (see subsection (10));
(iii) the contract applies to the line;
(iv) the agreement is not specified in an instrument under subsection (4);
the line is an exempt line in relation to the person for that month.
(4) The Minister may, by legislative instrument, specify one or more agreements for the purposes of subparagraph (3)(e)(iv).
Other networks
(5) If:
(a) a person is a carrier; and
(b) during a period comprising the whole or a part of a month in an eligible financial year, either:
(i) the person owns a local access line, but there is no nominated carrier declaration in force in relation to the line; or
(ii) under a nominated carrier declaration, the person is the nominated carrier in relation to a local access line; and
(c) that month is one of the first 6 months of the first eligible financial year; and
(d) the line is not owned by an NBN corporation at any time during that month; and
(e) the line is not used by an NBN corporation to supply a declared service at any time during that month; and
(f) during the whole of that month, there was in force a legally enforceable agreement that satisfies the following conditions:
(i) the agreement provides for the transfer of ownership or control of the line to an NBN corporation;
(ii) the agreement was in force immediately before the commencement of this section;
(iii) the agreement is not covered by subparagraph (1)(e)(ii) or (3)(e)(ii);
(iv) the agreement is not specified in an instrument under subsection (6);
(v) such other conditions (if any) as are determined under subsection (7);
the line is an exempt line in relation to the person for that month.
(6) The Minister may, by legislative instrument, specify one or more agreements for the purposes of subparagraph (5)(f)(iv).
(7) The Minister may, by legislative instrument, determine one or more conditions for the purposes of subparagraph (5)(f)(v).
When agreement comes into force
(8) For the purposes of this section, an agreement is taken to come into force when the agreement is entered into.
No specification by class
(9) Subsection 13(3) of the Legislation Act 2003 does not apply to subsection (2), (4) or (6) of this section.
Listed Optus company
(10) For the purposes of this section, listed Optus company means:
(a) Optus Networks Pty Limited (ACN 008 570 330); or
(b) Optus Internet Pty Limited (ACN 083 164 532); or
(c) Optus Vision Pty Limited (ACN 066 518 821); or
(d) Optus Vision Media Pty Limited (ACN 070 870 647); or
(e) Optus Systems Pty Limited (ACN 056 541 167); or
(f) SingTel Optus Pty Limited (ACN 052 833 208).