Document ID: chunk:federal_register_of_legislation:C2012C00870:clause:1_152aga:p2
Version: federal_register_of_legislation:C2012C00870
Segment Type: clause
Provision Reference: sch 1 cl 152AGA (pt 2/3)
Character Range: 115410–118113

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 to another area that is being, or is to be, developed as another stage of the project;
subsection (4) does not apply to the extension.
 (6) If:
 (a) a telecommunications network was in existence immediately before 1 January 2011; and
 (b) the network is extended on or after 1 January 2011; and
 (c) no point on the infrastructure of the extension is located more than:
 (i) 1 kilometre; or
 (ii) if a longer distance is specified in the regulations—that longer distance;
  from a point on the infrastructure of the network as the network stood immediately before 1 January 2011;
subsection (4) does not apply to the extension.
 (7) The regulations may provide that subsection (4) does not apply to a specified extension of a telecommunications network.
Note: For specification by class, see the Acts Interpretation Act 1901.

Certain installations and connections are not taken to be an extension, alteration or upgrade
 (8) For the purposes of this section, if:
 (a) a line is or was installed for the purposes of connecting particular premises to a telecommunications network; and
 (b) the installation of the line enables or enabled the occupier of the premises to become a customer in relation to carriage services supplied using the network; and
 (c) the premises are in close proximity to a line that forms part of the infrastructure of the network; and
 (d) the network is capable of being used to supply a superfast carriage service; and
 (e) the network came into existence before 1 January 2011;
neither the installation of the line mentioned in paragraph (a), nor the connection of the premises, is taken to be an extension, alteration or upgrade of the network.

Small business customer
 (9) For the purposes of this section, small business customer means:
 (a) a customer who is a small business employer (within the meaning of the Fair Work Act 2009); or
 (b) a customer who:
 (i) carries on a business; and
 (ii) does not have any employees.
For the purposes of paragraph (a), it is to be assumed that each reference in section 23 of the Fair Work Act 2009 to a national system employer were a reference to an employer (within the ordinary meaning of that expression).

Alteration
 (10) For the purposes of this section, an alteration of a telecommunications network does not include an extension of the network.

Upgrade
 (11) For the purposes of this section, an upgrade of a telecommunications network does not include an extension