Document ID: chunk:federal_register_of_legislation:C2024C00742:section:360p:p1
Version: federal_register_of_legislation:C2024C00742
Segment Type: section
Provision Reference: s 360P (pt 1/3)
Character Range: 841105–844082

360P  Obligation of statutory infrastructure provider to connect premises
 (1) The statutory infrastructure provider for a service area must, on reasonable request by a carriage service provider on behalf of an end‑user at premises in the service area:
 (a) connect the premises to a qualifying fixed‑line telecommunications network in order that the carriage service provider can provide qualifying fixed‑line carriage services to the end‑user at the premises; or
 (b) if it is not reasonable for the statutory infrastructure provider to connect the premises to a qualifying fixed‑line telecommunications network—connect the premises to a qualifying telecommunications network in order that the carriage service provider can provide:
 (i) qualifying fixed wireless carriage services to the end‑user at the premises; or
 (ii) qualifying satellite carriage services to the end‑user at the premises.

Exceptions
 (2) An obligation does not arise under subsection (1) in relation to the connection of premises in the circumstances (if any) specified in a determination under subsection (3).
 (3) The Minister may, by legislative instrument, determine circumstances for the purposes of subsection (2).
Note: For variation and revocation, see subsection 33(3) of the Acts Interpretation Act 1901.

Special obligation of NBN Co
 (3A) The Minister may, by legislative instrument, determine that, if the conditions specified in the determination are satisfied, this section has effect as if:
 (a) the area specified in the determination were a service area; and
 (b) NBN Co were the statutory infrastructure provider for that area.

Requirements
 (4) In fulfilling its obligations under subsection (1), the statutory infrastructure provider for a service area must comply with such requirements (if any) as are determined under subsection (5).
 (5) The Minister may, by legislative instrument, determine one or more requirements for the purposes of subsection (4).
Note: For variation and revocation, see subsection 33(3) of the Acts Interpretation Act 1901.
 (6) A requirement may be of general application or may be limited to one or more service areas.
 (7) Subsection (6) does not, by implication, limit the application of subsection 33(3A) of the Acts Interpretation Act 1901.

Terms and conditions
 (8) If:
 (a) a carriage service provider makes a request as mentioned in subsection (1) in relation to the connection of premises in a service area; and
 (b) as a result, the statutory infrastructure provider has an obligation under subsection (1) to connect the premises; and
 (c) the statutory infrastructure provider has made available on its website:
 (i) the terms and conditions relating to price or a method of ascertaining price; and
 (ii) other terms and conditions;
  on which it offers to connect premises in the service area to a qualifying telecommunications network in order that a carriage service provider can provide qualifying carriage services to an end‑user at