Telecommunications (Statutory Infrastructure Providers—Circumstances for Exceptions to Connection and Supply Obligations) Determination 2024 (Cth)

Telecommunications (Statutory Infrastructure Providers—Circumstances for Exceptions to Connection and Supply Obligations) Determination 2024

I, Michelle Rowland, Minister for Communications, make the following determination.

Dated 21 May 2024

Michelle Rowland Minister for Communications

Contents Part 1—Introductory 1 Name 2 Commencement 3 Authority 4 Definitions 5 Schedules Part 2—Circumstances Division 1—Exceptions to the obligation to connect premises to a qualifying telecommunications network 6 Determination of circumstances Division 2— Exceptions to the obligation to supply eligible services 7 Determination of circumstances Schedule 1—Repeals Telecommunications (Statutory Infrastructure Providers—Circumstances for Exceptions to Connection and Supply Obligations) Determination 2021

Part 1—Introductory

1 Name This instrument is the Telecommunications (Statutory Infrastructure Providers—Circumstances for Exceptions to Connection and Supply Obligations) Determination 2024.

2 Commencement This instrument commences the day after this instrument is registered.

3 Authority This instrument is made under subsections 360P(3) and 360Q(4) of the Telecommunications Act 1997.

4 Definitions Note: A number of expressions used in this instrument are defined in the Act, including the following: (a) building lot (section 372Q); (b) carriage service provider (section 7); (c) connected (section 7); (d) eligible service (section 360A); (e) NBN corporation (section 7); (f) qualifying carriage service (section 360A); (g) qualifying telecommunications network (section 360A); (h) relevant service area (section 360A); (i) request (section 7); (j) service area (section 7); (k) statutory infrastructure provider (section 360A). (1) In this Instrument: Act means the Telecommunications Act 1997. CCA means the Competition and Consumer Act 2010. declared service has the same meaning as given by section 152AL of the CCA. relevant SIP means a statutory infrastructure provider for a service area within which the premises subject to a request for a connection of an end-user at premises, or supply of an eligible service to a carriage service provider (in order that the carriage service provider can provide qualifying carriage services to the end-user at premises), is located. (2) For the purposes of this Instrument, the reference to end‑user in relation to a request for a connection of an end‑user at premises, or supply of an eligible service to a carriage service provider (in order that the carriage service provider can provide qualifying carriage services to the end‑user at premises) is taken to be a reference to the person who has entered into a legally binding arrangement with the carriage service provider for a connection or supply of an eligible service to, specified premises, unless otherwise specified in the request. (3) For the purposes of this Instrument, a request for a connection of, or supply of an eligible service to, premises sited at a building lot that has more than one premises is taken to relate to the individual premises specified in the request regardless of the existence of other premises at that building lot. (4) For the avoidance of doubt, where there is more than one relevant SIP for a service area, the circumstances determined in Part 2 may be applicable in relation to each relevant SIP.