Document ID: chunk:federal_register_of_legislation:F2024C00721:reg:4
Version: federal_register_of_legislation:F2024C00721
Segment Type: reg
Provision Reference: reg 4
Character Range: 3040–5454

4  Definitions
Note: A number of expressions used in this Instrument are defined in the Act, including the following:
               (a) building redevelopment project (section 360Y);
               (b) carriage service (section 7);
(ba) designated Telstra successor company (section 581G);
               (c) eligible service (section 360A);
               (d) hybrid fibre‑coaxial network (section 7);
               (e) NBN corporation (section 7);
               (f) public mobile telecommunications service (section 32);
               (g) qualifying carriage service (section 360A);
               (h) qualifying fixed‑line carriage service (section 360A);
               (i) real estate development project (section 372Q);
               (j) standard telephone service (section 7); and
               (k) Telstra (section 7).

  In this Instrument:
Act means the Telecommunications Act 1997.
contractual arrangement includes a deed, contract, undertaking or any other form of legally binding arrangement.
project area:
         (a) for a building redevelopment project—has the same meaning as in section 360A of the Act; and
         (b) for a real estate development project—has the same meaning as in subsections 372Q(2) and 372Q(6) of the Act.
Start Date means the day upon which Part 1, Division 2 of Schedule 3 to the Telecommunications Legislation Amendment (Competition and Consumer) Act 2020 comes into effect.

Part 2 Exempt Real Estate Development Projects

Note 1: Subsection 360H(2) of the Act provides that where a carrier (other than an NBN corporation) has installed telecommunications network infrastructure under a contract for the supply of eligible services to premises in the whole of the project area of a real estate development project, the carrier must declare that all of the project area is a provisional nominated service area within 10 business days after completion of the infrastructure build and that carrier becomes the statutory infrastructure provider for that relevant area.
Note 2: Subsection 360H(3A) provides that the Minister may, by legislative instrument, exempt a specified real estate development project from subsection 360H(2).  In cases where a project is exempted under subsection 360H(3A), the project area would remain a general service area of NBN Co until such time (if at all) that area become a nominated service area by declaration made by a carrier.