Document ID: chunk:federal_register_of_legislation:C2024C00742:section:360h:p1
Version: federal_register_of_legislation:C2024C00742
Segment Type: section
Provision Reference: s 360H (pt 1/4)
Character Range: 794674–797550

360H  Nominated service area—declaration made by a carrier
 (1) For the purposes of this Part, if a provisional nominated service area is attributable to a declaration under this section, so much of the provisional nominated service area as is not:
 (a) the whole or a part of a provisional nominated service area that is attributable to a subsequent declaration under this section or section 360HB; or
 (b) the whole or a part of a designated service area;
is a nominated service area.

Provisional nominated service area—real estate development project
 (2) If:
 (a) after the commencement of this section, a carrier (other than an NBN corporation) installs telecommunications network infrastructure that will enable the supply of eligible services to premises in the whole or a part of the project area of a real estate development project; and
 (aa) the carrier is not already the statutory infrastructure provider for a service area that consists of, or includes, the project area; and
 (b) the installation was carried out under a contract with the person responsible for the real estate development project; and
 (ba) the infrastructure is not backhaul infrastructure; and
 (c) the conditions specified in an instrument under subsection (3) are satisfied;
the carrier must:
 (d) by written instrument, declare that the whole or the part, as the case requires, of the project area is a provisional nominated service area for the purposes of this Part; and
 (e) do so within 10 business days after completing the installation of that infrastructure.
Note: For the format of the description of the area, see section 360LA.
 (3) The Minister may, by legislative instrument, specify conditions for the purposes of paragraph (2)(c).
Note: For variation and revocation, see subsection 33(3) of the Acts Interpretation Act 1901.
 (3A) The Minister may, by legislative instrument, exempt a specified real estate development project from subsection (2).
Note 1: For variation and revocation, see subsection 33(3) of the Acts Interpretation Act 1901.
Note 2: See also section 360M.
 (3B) Subsection (2) does not apply if the supply of the eligible services mentioned in paragraph (2)(a) is, or will be, in the circumstances specified in a determination under subsection 360Q(4).

Provisional nominated service area—building redevelopment project
 (4) If:
 (a) after the commencement of this section, a carrier (other than an NBN corporation) installs telecommunications network infrastructure that will enable the supply of eligible services to premises in the whole or a part of the project area of a building redevelopment project; and
 (aa) the carrier is not already the statutory infrastructure provider for a service area that consists of, or includes, the project area; and
 (b) the installation was carried out under a contract with the person responsible for the building