Telecommunications (Statutory Infrastructure Providers—Exempt Real Estate Development Projects and Building Redevelopment Projects) Determination (No.1) 2020 made under subsections 360H(3A) and 360H(5A) of the Telecommunications Act 1997 Compilation No. 2 Compilation date: 27 June 2024 Includes amendments: F2024L00691 Registered: 14 August 2024 About this compilation This compilation This is a compilation of the Telecommunications (Statutory Infrastructure Providers—Exempt Real Estate Development Projects and Building Redevelopment Projects) Determination (No.1) 2020 that shows the text of the law as amended and in force on 27 June 2024 (the compilation date). The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law. Uncommenced amendments The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the Register for the compiled law. Application, saving and transitional provisions for provisions and amendments If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes. Editorial changes For more information about any editorial changes made in this compilation, see the endnotes. Modifications If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the Register for the compiled law. Self‑repealing provisions If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes. Contents Part 1 Introductory 1 Name 3 Authority 4 Definitions Part 2 Exempt Real Estate Development Projects 5 Exempt Real Estate Development Projects (to be served by certain copper networks) Part 3 Exempt Building Redevelopment Projects 9 Exempt Building Redevelopment Projects (to be served by certain copper networks) Endnotes Endnote 1—About the endnotes Endnote 2—Abbreviation key Endnote 3—Legislation history Endnote 4—Amendment history Endnote 5—Editorial changes Part 1 Introductory 1 Name This Instrument is the Telecommunications (Statutory Infrastructure Providers—Exempt Real Estate Development Projects and Building Redevelopment Projects) Determination (No.1) 2020. 3 Authority This Instrument is made under subsections 360H(3A) and 360H(5A) of the Telecommunications Act 1997, and subsection 33(3A) of the Acts Interpretation Act 1901. 4 Definitions Note: A number of expressions used in this Instrument are defined in the Act, including the following: (a) building redevelopment project (section 360Y); (b) carriage service (section 7); (ba) designated Telstra successor company (section 581G); (c) eligible service (section 360A); (d) hybrid fibre‑coaxial network (section 7); (e) NBN corporation (section 7); (f) public mobile telecommunications service (section 32); (g) qualifying carriage service (section 360A); (h) qualifying fixed‑line carriage service (section 360A); (i) real estate development project (section 372Q); (j) standard telephone service (section 7); and (k) Telstra (section 7). In this Instrument: Act means the Telecommunications Act 1997. contractual arrangement includes a deed, contract, undertaking or any other form of legally binding arrangement. project area: (a) for a building redevelopment project—has the same meaning as in section 360A of the Act; and (b) for a real estate development project—has the same meaning as in subsections 372Q(2) and 372Q(6) of the Act. Start Date means the day upon which Part 1, Division 2 of Schedule 3 to the Telecommunications Legislation Amendment (Competition and Consumer) Act 2020 comes into effect. Part 2 Exempt Real Estate Development Projects Note 1: Subsection 360H(2) of the Act provides that where a carrier (other than an NBN corporation) has installed telecommunications network infrastructure under a contract for the supply of eligible services to premises in the whole of the project area of a real estate development project, the carrier must declare that all of the project area is a provisional nominated service area within 10 business days after completion of the infrastructure build and that carrier becomes the statutory infrastructure provider for that relevant area. Note 2: Subsection 360H(3A) provides that the Minister may, by legislative instrument, exempt a specified real estate development project from subsection 360H(2). In cases where a project is exempted under subsection 360H(3A), the project area would remain a general service area of NBN Co until such time (if at all) that area become a nominated service area by declaration made by a carrier. 5 Exempt Real Estate Development Projects (to be served by certain copper networks) A real estate development project will be exempt from subsection 360H(2), if all of the following apply to the project: (a) there is telecommunications network infrastructure installed within any part of the project area that will enable the supply of eligible services to premises in the whole of the project area; (b) the telecommunications network infrastructure referred to in paragraph (a) above: (i) was fully installed on or after the Start Date; (ii) was installed in accordance with a contractual arrangement entered into by Telstra or a designated Telstra successor company and the person responsible for the real estate development project, and the contractual arrangement does not require Telstra or the designated Telstra successor company to supply qualifying carriage services within all or any part of the project area; (iii) at the time of installation, formed part of a fixed‑line telecommunications network owned and operated by Telstra or a designated Telstra successor company, and that network: A. is not technically capable of being used to supply qualifying fixed‑line carriage services; and B. is used to supply standard telephone services in fulfilment of the obligation referred to in paragraph 9(1)(a) of the Telecommunications (Consumer Protection and Service Standards) Act 1999. Part 3 Exempt Building Redevelopment Projects Note 1: Subsection 360H(4) of the Act provides that where a carrier (other than an NBN corporation) has installed telecommunications network infrastructure under a contract for the supply of eligible services to premises in the whole of the project area of a building redevelopment project, the carrier must declare that all of the project area is a provisional nominated service area within 10 business days after completion of the infrastructure build and that carrier becomes the statutory infrastructure provider for that relevant area. Note 2: Proposed subsection 360H(5A) provides that the Minister may, by legislative instrument, exempt a specified building redevelopment project from subsection 360H(4). In cases where a project is exempted under subsection 360H(5A), the project area would remain a general service area of NBN Co until such time (if at all) that area become a nominated service area by declaration made by a carrier. 9 Exempt Building Redevelopment Projects (to be served by certain copper networks) A building redevelopment project will be exempt from subsection 360H(4), if all of the following apply to the project: (a) there is telecommunications network infrastructure installed within any part of the project area that will enable the supply of eligible services to premises in the whole of the project area; (b) the telecommunications network infrastructure referred to in paragraph (a) above: (i) was fully installed on or after the Start Date; (ii) was installed in accordance with a contractual arrangement entered into by Telstra or a designated Telstra successor company and the person responsible for the building redevelopment project, and the contractual arrangement does not require Telstra or the designated Telstra successor company to supply qualifying carriage services within all or any part of the project area; (iii) at the time of installation, formed part of a fixed‑line telecommunications network owned and operated by Telstra or a designated Telstra successor company, and that network: A. is not technically capable of being used to supply qualifying fixed‑line carriage services; and B. is used to supply standard telephone services in fulfilment of the obligation referred to in paragraph 9(1)(a) of the Telecommunications (Consumer Protection and Service Standards) Act 1999. Endnotes Endnote 1—About the endnotes The endnotes provide information about this compilation and the compiled law. The following endnotes are included in every compilation: Endnote 1—About the endnotes Endnote 2—Abbreviation key Endnote 3—Legislation history Endnote 4—Amendment history Abbreviation key—Endnote 2 The abbreviation key sets out abbreviations that may be used in the endnotes. Legislation history and amendment history—Endnotes 3 and 4 Amending laws are annotated in the legislation history and amendment history. The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation. The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law. Editorial changes The Legislation Act 2003 authorises First Parliamentary Counsel to make editorial and presentational changes to a compiled law in preparing a compilation of the law for registration. The changes must not change the effect of the law. Editorial changes take effect from the compilation registration date. If the compilation includes editorial changes, the endnotes include a brief outline of the changes in general terms. Full details of any changes can be obtained from the Office of Parliamentary Counsel. Misdescribed amendments A misdescribed amendment is an amendment that does not accurately describe how an amendment is to be made. If, despite the misdescription, the amendment can be given effect as intended, then the misdescribed amendment can be incorporated through an editorial change made under section 15V of the Legislation Act 2003. If a misdescribed amendment cannot be given effect as intended, the amendment is not incorporated and "(md not incorp)" is added to the amendment history. Endnote 2—Abbreviation key ad = added or inserted o = order(s) am = amended Ord = Ordinance amdt = amendment orig = original c = clause(s) par = paragraph(s)/subparagraph(s) C[x] = Compilation No. x /sub‑subparagraph(s) Ch = Chapter(s) pres = present def = definition(s) prev = previous Dict = Dictionary (prev…) = previously disallowed = disallowed by Parliament Pt = Part(s) Div = Division(s) r = regulation(s)/rule(s) ed = editorial change reloc = relocated exp = expires/expired or ceases/ceased to have renum = renumbered effect rep = repealed F = Federal Register of Legislation rs = repealed and substituted gaz = gazette s = section(s)/subsection(s) LA = Legislation Act 2003 Sch = Schedule(s) LIA = Legislative Instruments Act 2003 Sdiv = Subdivision(s) (md) = misdescribed amendment can be given SLI = Select Legislative Instrument effect SR = Statutory Rules (md not incorp) = misdescribed amendment Sub‑Ch = Sub‑Chapter(s) cannot be given effect SubPt = Subpart(s) mod = modified/modification underlining = whole or part not No. = Number(s) commenced or to be commenced Endnote 3—Legislation history Name Registration Commencement Application, saving and transitional provisions Telecommunications (Statutory Infrastructure Providers—Exempt Real Estate Development Projects and Building Redevelopment Projects) Determination (No.1) 2020 30 June 2020 (F2020L00856) 1 July 2020 (s 2) Telecommunications (Statutory Infrastructure Providers—Exempt Real Estate Development Projects and Building Redevelopment Projects) Amendment Determination (No. 1) 2024 26 June 2024 (F2024L00691) 27 June 2024 (s 2) — Act Number and year Assent Commencement Application, saving and transitional provisions Telstra Corporation and Other Legislation Amendment Act 2021 140, 2021 13 Dec 2021 Sch 2 (items 148–162): 1 Jan 2023 (s 2(1) item 3) — as amended by Telecommunications Legislation Amendment (Information Disclosure, National Interest and Other Measures) Act 2023 17, 2023 11 Apr 2023 Sch 1 (item 16): 13 Dec 2021 (s 2(1) item 4) — Endnote 4—Amendment history Provision affected How affected Part 1 s 2..................... rep LA s 48D s 4..................... am Act No 140, 2021; F2024L00691 ed C2 Part 2 s 5..................... am Act No 140, 2021 s 6..................... am Act No 140, 2021 rep F2024L00691 s 7..................... rep F2024L00691 s 8..................... rep F2024L00691 Part 3 s 9..................... am Act No 140, 2021 s 10.................... am Act No 140, 2021 rep F2024L00691 s 11.................... rep F2024L00691 s 12.................... rep F2024L00691 Endnote 5—Editorial changes In preparing this compilation for registration, the following kinds of editorial change(s) were made under the Legislation Act 2003. Section 4 Kind of editorial change Removal of redundant text Details of editorial change Schedule 1 item 3 of the Telecommunications (Statutory Infrastructure Providers—Exempt Real Estate Development Projects and Building Redevelopment Projects) Amendment Determination (No. 1) 2024 instructs to repeal subsection 4(2). Section 4 appears, in part, as follows: 4 Definitions [...] (1) In this Instrument: Act means the Telecommunications Act 1997. contractual arrangement includes a deed, contract, undertaking or any other form of legally binding arrangement. project area: (a) for a building redevelopment project—has the same meaning as in section 360A of the Act; and (b) for a real estate development project—has the same meaning as in subsections 372Q(2) and 372Q(6) of the Act. Start Date means the day upon which Part 1, Division 2 of Schedule 3 to the Telecommunications Legislation Amendment (Competition and Consumer) Act 2020 comes into effect. This compilation was editorially changed to omit "(1)" from section 4 to remove the redundant text and bring it into line with legislative drafting practice.