Telecommunications (Designated Service Area and Statutory Infrastructure Provider) Amendment Declaration (No. 1) 2024 (Cth)

Telecommunications (Designated Service Area and Statutory Infrastructure Provider) Amendment Declaration (No. 1) 2024

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

Dated 21 November 2024

Minister Rowland Minister for Communications

Contents 1 Name 2 Commencement 3 Authority 4 Schedules Schedule 1—Amendments Telecommunications (Designated Service Area and Statutory Infrastructure Provider) Declaration (No. 1) 2020 Schedule 2 —Repeals 101 Telecommunications (Exceptions to Statutory Infrastructure Provider Obligations – Telstra and Opticomm Pty Ltd) Determination 2022 101

1 Name This instrument is the Telecommunications (Designated Service Area and Statutory Infrastructure Provider) Amendment Declaration (No. 1) 2024.

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

3 Authority This instrument is made under sections 360L, 360P and 360Q of the Telecommunications Act 1997 and subsection 33(3) of the Acts Interpretation Act 1901.

4 Schedules Each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.

Schedule 1—Amendments

Telecommunications (Designated Service Area and Statutory Infrastructure Provider) Declaration (No. 1) 2020

1 Subsection 4(1) Repeal: Telstra means either of the following: (a) Telstra Corporation Limited; or (b) Telstra Limited. Telstra Corporation Limited means Telstra Corporation Limited (ACN 051 775 556), as the company exists from time to time (even if its name is later changed). Telstra Limited means Telstra Limited (ACN 086 174 781) as the company exists from time to time (even if its name is later changed). Telstra‑Equipped Services means services which satisfy the following conditions: (a) the service is one in relation to which Telstra is in a position to exercise operational control of: (i) all or part of the telecommunications network in the designated service area; or (ii) the kinds of services that are supplied using the telecommunications network in the designated service area; and (b) the service is either: (i) a qualifying fixed‑line carriage service which Telstra supplies to end‑users at the premises in a designated service area; or (ii) an eligible service which Telstra supplies to another carriage service provider in order that the other carriage service provider can provide qualifying fixed‑line carriage services to end‑users at premises in a designated service area. Transition Period means the period of time: (a) during which both Telstra and Opticomm Pty Ltd are the statutory infrastructure providers in respect of each designated service area specified in column 1 of Schedule 16A in accordance with this instrument; and (b) continues until the day before the Transition End Date. Transition End Date means the earlier of: (a) the day on which Telstra: (i) has completed the disconnection of all Telstra‑Equipped Services supplied in relation to all premises within all the designated service areas specified in column 1 of Schedule 16A to the Telecommunications (Designated Service Area and Statutory Infrastructure Provider Declaration (No.1) 2020; and (ii) has made available the fact that disconnection has occurred on its website; and (b) 1 July 2025.