Document ID: chunk:federal_register_of_legislation:C2024A00036:clause:1_360hb:p1
Version: federal_register_of_legislation:C2024A00036
Segment Type: clause
Provision Reference: sch 1 cl 360HB (pt 1/4)
Character Range: 21505–24271

360HB  Nominated service area—declaration made by a carriage service provider
 (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