Document ID: chunk:federal_register_of_legislation:C2020A00047:clause:3_360d:p1
Version: federal_register_of_legislation:C2020A00047
Segment Type: clause
Provision Reference: sch 3 cl 360D (pt 1/2)
Character Range: 159683–162238

360D  Interim NBN service area
 (1) For the purposes of the application of this Part before the designated day, an interim NBN service area is so much of a provisional interim NBN service area as is not:
 (a) the whole or a part of a nominated service area; or
 (b) the whole or a part of a designated service area.

Provisional interim NBN service area
 (2) If, during the period:
 (a) beginning at the commencement of this section; and
 (b) ending immediately before the designated day;
there begins to be published on NBN Co's website a statement to the effect that a particular area in Australia is ready for service, NBN Co must:
 (c) by written instrument, declare that the area is a provisional interim NBN service area for the purposes of the application of this Part before the designated day; and
 (d) do so within 10 business days after the end of the month in which the statement began to be published.
Note: For the format of the description of the area, see section 360LA.
 (3) If, before the commencement of this section, there was published on NBN Co's website a statement to the effect that a particular area in Australia is ready for service, NBN Co must:
 (a) by written instrument, declare that the area is a provisional interim NBN service area for the purposes of the application of this Part before the designated day; and
 (b) do so within 10 business days after the commencement of this section.
Note: For the format of the description of the area, see section 360LA.

Publication etc.
 (4) NBN Co must publish a copy of a declaration made by it under subsection (2) or (3) on its website.
 (5) NBN Co must give a copy of a declaration made by it under subsection (2) or (3) to the ACMA.

Revocation
 (6) A declaration made under subsection (2) or (3) cannot be revoked.

Variation
 (7) A declaration made under subsection (2) or (3) cannot be varied except under subsection (8) or (9).
 (8) A declaration made under subsection (2) or (3) cannot be varied by NBN Co except to correct a clerical error or obvious mistake.
 (9) The Minister may, by writing, vary a declaration made under subsection (2) or (3).
 (10) The Minister must give a copy of a variation under subsection (9) to the ACMA.
 (11) Before making a decision under subsection (9) to vary a declaration, the Minister must:
 (a) cause to be published on the Department's website a notice:
 (i) setting out the draft variation; and
 (ii) inviting persons to make submissions to the Minister about the draft variation within the time limit specified in the notice; and