Document ID: chunk:federal_register_of_legislation:F2022L00328:clause:1_7:p1
Version: federal_register_of_legislation:F2022L00328
Segment Type: clause
Provision Reference: sch 1 cl 7 (pt 1/2)
Character Range: 4011–6933

7  Exemptions

Exempt conduct – installation of fixed-line facilities related to copper or hybrid fibre-coaxial
 (1) Pursuant to subsection 372K(3) of the Act, the installation of fixed-line facilities (other than fibre-ready facilities) for use in connection with either or both of the following:
 (a) a copper-based telecommunications network;
 (b) a hybrid fibre-coaxial network;
  is exempt from the requirements in subsections 372E(2) and 372F(2) of the Act, if the conditions specified in subsection (2) or (3) (as applicable) are satisfied.
 (2) Subject to subsection (3), the following conditions are specified for the purposes of subsection (1):
 (a) underground fibre-ready facilities  have already been installed in proximity to each building lot or building unit situated in the project area; or
 (b) underground fibre-ready facilities are installed at the same time in proximity to each building or building unit situated in the project area; or
 (c) both of the following apply:
 (i) the person installing the fixed-line facilities has a reasonable belief that underground fibre-ready facilities  will be installed within 12 months of the installation of the fixed-line facility in proximity to each building lot or building unit situated in the project area; and
 (ii) all of the fixed-line facilities are to be installed in proximity to connect no more than 10 building lots or building units.
 (3) Where it is not reasonably practical to install underground fibre-ready facilities in the project area, having regard to the nature and composition of the land in the project area and the direct cost associated with such an installation, the following conditions are specified for the purposes of subsection (1):
 (a) above ground fibre-ready facilities have already been installed in proximity to each building lot or building unit situated in the project area; or
 (b) above ground fibre-ready facilities are installed at the same time in proximity to each building lot or building unit situated in the project area; or
 (c) both of the following apply:
 (i) the person installing the fixed-line facilities has a reasonable belief that above ground fibre-ready facilities will be installed within 12 months of the installation of the fixed-line facility in proximity to each building lot or building unit situated in the project area; and
 (ii) all of the fixed-line facilities are to be installed in proximity to connect no more than 10 building lots or building units.

Exempt conduct – installation of minor supplementary fixed-line facilities etc.
 (4) Pursuant to subsection 372K(3) of the Act, the installation of fixed-line facilities (other than fibre-ready facilities) in a real estate development project is exempt from the requirements in subsections 372E(2) and 372F(2) of the Act, subject to all of the conditions specified in subsection (5) being satisfied.
 (5) The following conditions are