Document ID: chunk:federal_register_of_legislation:F2023L00221:clause:1_7:p1
Version: federal_register_of_legislation:F2023L00221
Segment Type: clause
Provision Reference: sch 1 cl 7 (pt 1/4)
Character Range: 9486–12513

7  No obligation to supply a standard telephone service in certain circumstances
(1)    For the purposes of subsection 9(2E) of the Act, an obligation to supply a standard telephone service on request does not arise under paragraph 9(1)(a) or subsection 9(2) of the Act if:
(a)      any of the following circumstances applies to a request:
            (i)     the premises specified in the request at which the standard telephone service is to be supplied are excluded premises;
            (ii)   subject to subsection (2), at the time the request (the subsequent request) is made, there is a request which is pending (the pending request) for the supply of a standard telephone service at the same premises, whether the pending request is with a primary universal service provider or another carriage service provider, and whether it was made by the person making the subsequent request or a third party;
            (iii)  the person making the request does not have the legal right to occupy the premises specified in the request;
            (iv)  both:
(A)  the guaranteed maximum connection periods in Division 2 of Part 2 of the CSG Standard apply to a primary universal service provider in relation to the request; and
(B)  a primary universal service provider is exempt from complying with the guaranteed maximum connection periods under section 20 of the CSG Standard;
            (v)    a primary universal service provider believes, on reasonable grounds, that the request for the standard telephone service is fraudulent;
            (vi) the person making the request is under 18 years of age and is not the legal owner or lessee of the premises specified in the request for the standard telephone service;
            (vii)         the request is a request by a carriage service provider other than a primary universal service provider for the supply of a standard telephone service for the purpose of that carriage service provider supplying a standard telephone service to its customer;
            (viii)       the installation or supply of the standard telephone service would contravene a law of the Commonwealth, or the applicable State or Territory;
            (ix) subject to subsection (3) a primary universal service provider has made a reasonable offer to supply the standard telephone service to the premises and the person making the request has refused to accept the supply of the standard telephone service; and
(b)        except where subparagraphs (1)(a)(iv) or (1)(a)(v) apply, a primary universal service provider complies with the notification requirements at subsection 8(3); and
(c)         where subparagraph (1)(a)(iv) applies, a primary universal service provider complies with the notification requirements at subsections 8(4) and (5); and
(d)         where subparagraph (1)(a)(v) applies, a primary universal service provider complies with the notification requirements at subsection 8(6).
(2)    Subparagraph (1)(a)(ii) does not apply where:
(a)         the subsequent request would