Document ID: chunk:federal_register_of_legislation:C2012C00870:clause:1_141b
Version: federal_register_of_legislation:C2012C00870
Segment Type: clause
Provision Reference: sch 1 cl 141B
Character Range: 84226–86436

141B  Deemed networks
 (1) For the purposes of this Part, if:
 (a) a telecommunications network is altered or upgraded on or after 1 January 2011; and
 (b) as a result of the alteration or upgrade, a part of the network became capable of being used to supply a superfast carriage service to residential or small business customers, or prospective residential or small business customers, in Australia;
then:
 (c) that part is taken to be a network in its own right; and
 (d) the network referred to in paragraph (c) is taken to have come into existence on or after 1 January 2011.
 (2) For the purposes of this Part, if:
 (a) a telecommunications network is extended on or after 1 January 2011; and
 (b) the extended part of the network is capable of being used to supply a superfast carriage service to residential or small business customers, or prospective residential or small business customers, in Australia;
then:
 (c) the extended part is taken to be a network in its own right; and
 (d) the network referred to in paragraph (c) is taken to have come into existence on or after 1 January 2011.
 (3) If:
 (a) a part of the infrastructure of a telecommunications network is situated in a particular area that is being or was developed as a particular stage of a real estate development project (within the ordinary meaning of that expression); and
 (b) the network is extended to another area that is being, or is to be, developed as another stage of the project;
subsection (2) does not apply to the extension.
 (4) If:
 (a) a telecommunications network was in existence immediately before 1 January 2011; and
 (b) the network is extended on or after 1 January 2011; and
 (c) no point on the infrastructure of the extension is located more than:
 (i) 1 kilometre; or
 (ii) if a longer distance is specified in the regulations—that longer distance;
  from a point on the infrastructure of the network as the network stood immediately before 1 January 2011;
subsection (2) does not apply to the extension.
 (5) The regulations may provide that subsection (2) does not apply to a specified extension of a telecommunications network.
Note: For specification by class, see the Acts Interpretation Act 1901.