Document ID: chunk:federal_register_of_legislation:F2024L00574:clause:1_7:p2
Version: federal_register_of_legislation:F2024L00574
Segment Type: clause
Provision Reference: sch 1 cl 7 (pt 2/4)
Character Range: 15538–18459

necessary for the supply of the eligible service would put the relevant SIP's employees, contractors or agents or members of the public at unreasonable risk of being exposed to health or safety hazards;
 (g) where, in order for the relevant SIP to commence the supply of an eligible service, the installation of facilities or other equipment (such as customer premises equipment) is necessary; and
 (i) the relevant SIP requires either or both of the following:
 A. access to land, premises or areas within premises (including, without limitation, common areas) owned or occupied by a party that are not publicly accessible;
 B. the consent of a person to attach or install the facilities or other equipment to, or within, premises; and

              (ii) after reasonable endeavours have been undertaken by the relevant SIP to obtain such access or consent (including if requested, informing the requesting carriage service provider in writing of the nature and scope of the works required to be undertaken by the relevant SIP), such access has been refused or not granted within the reasonable timeframe requested by the relevant SIP (as applicable); and

              (iii) the relevant SIP has exhausted all lawful available avenues (including any under Commonwealth law) to obtain such access;
Note:  Under Schedule 3 to the Act, carriers have some powers to inspect land, install certain telecommunications facilities and maintain existing telecommunications facilities, and have some immunities from some state and territory legislation, such as planning laws. Conditions and notification obligations apply.
 (h) where the carriage service provider has not accepted the relevant SIP's terms and conditions for the supply, provided those terms and conditions are not inconsistent with this Instrument;
Note:  Subsection 360X(1) of the Act requires each SIP to publish on its website the price and non‑price terms and conditions on which it offers to supply eligible services in the relevant service area.
 (i) the relevant SIP has a reasonable need to identify the end‑user and adequate information is not available to enable the relevant SIP to identify that end‑user;
 (j) where the relevant SIP believes, on reasonable grounds, that the request to supply the eligible service is fraudulent;
 (k) where the relevant SIP believes, on reasonable grounds, that the person to whom the request to supply the eligible service relates does not have the legal right to occupy the premises specified in the request;
 (l) where:
 (i) after conducting an on‑site inspection of, or undertaking other inquiries or analysis of, the location where the premises is sited, the relevant SIP reasonably determines there are particular topographical or other features of the premises or its location that would render the premises incapable of being supplied with a properly functioning eligible service (the impediment); and
 (ii)