Document ID: chunk:federal_register_of_legislation:C2023C00417:section:19b
Version: federal_register_of_legislation:C2023C00417
Segment Type: section
Provision Reference: s 19B
Character Range: 38868–40890

19B  Access to the site of a telecommunications transmission tower
 (1) If:
 (a) a telecommunications transmission tower owned or operated by an NBN corporation is situated on a particular site, and:
 (i) the site is owned, occupied or controlled by the NBN corporation; or
 (ii) the NBN corporation has a right (whether conditional or unconditional) to use the site; and
 (b) the NBN corporation is or was required by subsection 19A(1) to give an eligible person access to the tower for the purpose of enabling the eligible person to:
 (i) install particular equipment on the tower; or
 (ii) maintain, operate or remove particular equipment installed by the eligible person on the tower;
the NBN corporation must, if requested to do so by the eligible person:
 (c) give the eligible person access to the site for the sole purpose of enabling the eligible person to:
 (i) install the equipment on the tower; or
 (ii) maintain, operate or remove the equipment installed by the eligible person on the tower; and
 (d) give the eligible person access to the site for the sole purpose of enabling the eligible person to:
 (i) install particular equipment on the site, where that equipment is for use in connection with the equipment mentioned in paragraph (b); or
 (ii) maintain, operate or remove the equipment first mentioned in subparagraph (i).
Note 1: For eligible person, see section 19H.
Note 2: For site, see section 19J.
Note 3: For equipment, see section 19G.

Exemptions from sections 9, 18 and 19
 (2) If the NBN corporation gives the eligible person access to the site in compliance with subsection (1), sections 9, 18 and 19 do not apply to:
 (a) the giving of access; or
 (b) the supply to the eligible person of goods that are incidental to the giving of access.

Exemption from compliance with subsection (1)—Ministerial determination
 (3) The Minister may, by legislative instrument, determine that subsection (1) does not impose an obligation if the conditions specified in the determination are satisfied.