Document ID: chunk:federal_register_of_legislation:C2012C00870:clause:1_152aga:p1
Version: federal_register_of_legislation:C2012C00870
Segment Type: clause
Provision Reference: sch 1 cl 152AGA (pt 1/3)
Character Range: 112932–115662

152AGA  Designated superfast telecommunications network
 (1) For the purposes of this Part, if:
 (a) a telecommunications network is used, or is proposed to be used, to supply one or more Layer 2 bitstream services wholly or principally to residential or small business customers, or prospective residential or small business customers, in Australia; and
 (b) the network is used, or is proposed to be used, to supply a superfast carriage service wholly or principally to residential or small business customers, or prospective residential or small business customers, in Australia; and
 (c) the network is not the national broadband network; and
 (d) either:
 (i) the network came into existence on or after 1 January 2011; or
 (ii) the network was altered or upgraded on or after 1 January 2011 and, as a result of the alteration or upgrade, the network became capable of being used to supply a superfast carriage service to residential or small business customers, or prospective residential or small business customers, in Australia;
the network is a designated superfast telecommunications network.
 (2) A network is not a designated superfast telecommunications network for the purposes of this Part if, under subsection 141A(1), the network is exempt from section 141.
Note: Section 141 deals with the supply of Layer 2 bitstream services.

Deemed networks
 (3) For the purposes of this section, if:
 (a) a telecommunications network is altered or upgraded on or after 1 January 2011; and
 (b) as a result of the alteration or upgrade, a part of the network became capable of being used to supply a superfast carriage service to residential or small business customers, or prospective residential or small business customers, in Australia;
then:
 (c) that part is taken to be a network in its own right; and
 (d) the network referred to in paragraph (c) is taken to have come into existence on or after 1 January 2011.
 (4) For the purposes of this section, if:
 (a) a telecommunications network is extended on or after 1 January 2011; and
 (b) the extended part of the network is capable of being used to supply a superfast carriage service to residential or small business customers, or prospective residential or small business customers, in Australia;
then:
 (c) the extended part is taken to be a network in its own right; and
 (d) the network referred to in paragraph (c) is taken to have come into existence on or after 1 January 2011.
 (5) If:
 (a) a part of the infrastructure of a telecommunications network is situated in a particular area that is being or was developed as a particular stage of a real estate development project (within the ordinary meaning of that expression); and
 (b) the network is extended