Document ID: chunk:federal_register_of_legislation:F2023C00199:reg:4:p1
Version: federal_register_of_legislation:F2023C00199
Segment Type: reg
Provision Reference: reg 4 (pt 1/5)
Character Range: 2521–5204

4  Definitions
 (1) In this Declaration:
ABN has the meaning given in section 41 of the A New Tax System (Australian Business Number) Act 1999.
Act means the Telecommunications Act 1997.
Amending Instrument means the Carrier Licence Conditions (Networks supplying Superfast Carriage Services to Residential Customers) Declaration 2014 (Amendment No.1 of 2016).
associate of a specified carrier is to be determined in accordance with section 152 of the Act.
business customer means a customer that:
 (a) carries on a business or enterprise from a premises, regardless of whether there is any incidental use of the premises for occupation (from time to time) as a place of residence; and
 (b) has an ABN for the business or enterprise.
declared service has the same meaning as in Part XIC of the Competition and Consumer Act 2010.
designated commencement date means the date on which Schedule 2 to the Telecommunications Legislation Amendment (Competition and Consumer) Act 2020 commences.
designated telecommunications network means that part of a fixed‑line telecommunications network made up of local access lines or parts of local access lines which:
 (a) is used, or is technically capable of being used, to supply superfast carriage services; and
 (b) is not:
 (i) subject to either sections 141 or 143 of the Act; or
 (ii) the subject of a ministerial exemption in force under section 141A or section 144 of the Act; or
 (iii) any of the following:
 (A) the national broadband network; or
 (B) a specified HFC network; or
 (C) any local access lines that are used to supply carriage services to business customers, public bodies or large charity customers; or
 (D) a fixed‑line network (or any part of such a network) in existence immediately before 1 January 2011 which is situated in a real estate development project that is extended on or after 1 January 2011 to an area that was developed as another stage of the project;
 (E) a fixed‑line network (or any part of a such a network) in existence immediately before 1 January 2011 which prior to that date was used to supply carriage services to residential customers and which has not been extended on or after 1 January 2011;
 (F) a fixed‑line network (or any part of such a network) in existence immediately before 1 January 2011 which prior to that date was used to supply carriage services wholly or principally to residential customers and which is extended on or after 1 January 2011 by less than 1 kilometre from any point on the infrastructure of the network (as it stood immediately before 1 January 2011); and
 (G) a fixed‑line network (or any part of such a network) which is:
 (i) owned by a carrier that is also