Document ID: chunk:federal_register_of_legislation:C2012C00870:clause:1_141:p1
Version: federal_register_of_legislation:C2012C00870
Segment Type: clause
Provision Reference: sch 1 cl 141 (pt 1/2)
Character Range: 79959–82623

141  Supply of Layer 2 bitstream services

Scope
 (1) This section applies to a local access line if:
 (a) the local access line is:
 (i) part of the infrastructure of a telecommunications network in Australia; or
 (ii) used, or for use, in or in connection with a telecommunications network in Australia; and
 (b) the network is not the national broadband network; and
 (c) the network is used, or is proposed to be used, to supply a superfast carriage service wholly or principally to residential or small business customers, or prospective residential or small business customers, in Australia; and
 (d) no Layer 2 bitstream service is available for supply to those customers or prospective customers using the network; and
 (e) either:
 (i) the network came into existence on or after 1 January 2011; or
 (ii) the network was altered or upgraded on or after 1 January 2011 and, as a result of the alteration or upgrade, 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.
Note 1: See also section 141B (deemed networks).
Note 2: For exemptions, see section 141A.

Sole owner of local access line
 (2) If there is only one owner of the local access line, the owner of the local access line must not:
 (a) use the local access line, either alone or jointly with one or more other persons, to supply a fixed‑line carriage service; or
 (b) allow or permit another person to use the local access line to supply a fixed‑line carriage service.

Multiple owners of local access line
 (3) If there are 2 or more owners of the local access line, an owner of the local access line must not:
 (a) use the local access line, either alone or jointly with one or more other persons, to supply a fixed‑line carriage service; or
 (b) either alone or together with one or more other owners, allow or permit another person to use the local access line to supply a fixed‑line carriage service.

Offence
 (4) A person commits an offence if:
 (a) the person is subject to a requirement under subsection (2) or (3); and
 (b) the person engages in conduct; and
 (c) the person's conduct breaches the requirement.
Penalty: 20,000 penalty units.

Definitions
 (10) In this section:
alter, in relation to a telecommunications network, has a meaning affected by section 141E.
fixed‑line carriage service means:
 (a) a carriage service that is supplied using a line to premises occupied or used by an end‑user; or
 (b) a service that facilitates the supply of a carriage service covered by paragraph (a).
local access line has the meaning given by