Document ID: chunk:federal_register_of_legislation:F2023L01259:clause:1_9
Version: federal_register_of_legislation:F2023L01259
Segment Type: clause
Provision Reference: sch 1 cl 9
Character Range: 12877–15663

9  Designated Water Corporation Communications Infrastructure
Exemption
       (1)    Subject to the conditions set out in subsection 9(2) of this instrument, section 42 of the Act does not apply in relation to the use of Designated Water Corporation Communications Infrastructure, where the use is by:
            (a)    the Crown in right of the Australian Capital Territory or an authority for any of the following purposes:
              (i)     principally for the exercise or performance of a public function or duty; or
              (ii)   in connection with the preparation for, response to or recovery from, an emergency specified in a national emergency declaration (within the meaning of the National Emergency Declaration Act 2020); and
            (b)    an authority or institution of the Australian Capital Territory (other than an authority or institution that carries on a business as a core function) for any of the following purposes:
              (i)     principally for the exercise or performance of a public function or duty; or
              (ii)   in connection with the preparation for, response to or recovery from, an emergency specified in a national emergency declaration (within the meaning of the National Emergency Declaration Act 2020).
       Conditions
       (2)    For the purposes of subsection 9(1), the following conditions are specified:
         (a)    each Water Corporation must provide a report to the ACMA by 30 September of each year during which this instrument is in force, setting out the following information:
              (i)     for each line link comprising the Designated Water Corporation Communications Infrastructure that it owns and was used in the reporting period (as permitted by subsection 9(1)):
                   1. the geographic locations (at suburb level or where outside of a built-up areas, the adjacent suburb); and
                   2. the capacity of those links;
              (ii)   the legal name and associated identifier (such as an ABN or ACN) of each user (as permitted by subsection 9(1)) of the Designated Water Corporation Communications Infrastructure during the reporting period; and
         (b)  the uses of the Designated Water Corporation Communications Infrastructure (as permitted by subsection 9(1) above) are authorised in writing by:
              (i)     in respect of each permitted use described in subsection 9(1) above—an authorised representative of the relevant Water Corporation;
              (ii)   in respect of the permitted use described in paragraph 9(1)(a)—an authorised representative of the ACT Government; and
              (iii) in respect of the permitted use described in paragraph 9(1)(b)—an authorised representative of the relevant authority or institution.