Document ID: chunk:federal_register_of_legislation:C2012C00891:clause:1_112
Version: federal_register_of_legislation:C2012C00891
Segment Type: clause
Provision Reference: sch 1 cl 112
Character Range: 157425–159200

112  At the end of clause 35 of Schedule 1
Add:
 (6) Subclause (1) does not impose an obligation to the extent (if any) to which the imposition of the obligation would have any of the following effects:
 (a) depriving any person of a right under a contract that was in force at the time the request was made;
 (b) preventing Telstra from complying with an undertaking in force under section 577A, 577C or 577E;
 (c) if a final migration plan is in force—requiring Telstra to engage in conduct in connection with matters covered by the final migration plan.
 (7) If, at the time the request was made:
 (a) one or more provisions (the contingent provisions) of a contract have not come into force because:
 (i) the contingent provisions are subject to a condition precedent; and
 (ii) the condition precedent has not been satisfied; and
 (b) there is a possibility that the condition precedent could become satisfied; and
 (c) assuming that the condition precedent had been satisfied:
 (i) the contingent provisions would come into force; and
 (ii) the person would have a right under the contingent provisions;
paragraph (6)(a) has effect, in relation to the contract, as if, at the time the request was made:
 (d) the contract was in force; and
 (e) the person had the right under the contract.
 (8) For the purposes of subclause (1), if:
 (a) there is an agreement in force between Telstra and an NBN corporation; and
 (b) the agreement relates to the NBN corporation's access to an eligible underground facility owned or operated by Telstra; and
 (c) apart from this clause, the agreement would result in the NBN corporation being the operator of the eligible underground facility;
the NBN corporation is taken not to be the operator of the eligible underground facility.