Document ID: chunk:federal_register_of_legislation:C2019A00006:clause:1_19a:p2
Version: federal_register_of_legislation:C2019A00006
Segment Type: clause
Provision Reference: sch 1 cl 19A (pt 2/2)
Character Range: 5078–6696

does not impose an obligation to give an eligible person access to the first tower if:
 (a) the eligible person is included in a class of persons specified under paragraph 19H(2)(a); and
 (b) the imposition of the obligation would be inconsistent with a limitation or restriction that, under paragraph 19H(2)(b), is applicable to that class.

Exemption from compliance with subsection (1)—Ministerial determination
 (6) The Minister may, by legislative instrument, determine that subsection (1) does not impose an obligation if the conditions specified in the determination are satisfied.

Technically feasible
 (7) For the purposes of this section, in determining whether it is technically feasible to install particular equipment on a telecommunications transmission tower, an NBN corporation must have regard to:
 (a) whether the installation of the equipment is likely to result in significant difficulties of a technical or engineering nature; and
 (b) whether the installation of the equipment is likely to result in a significant threat to the health or safety of persons who operate, or work on, the tower; and
 (c) if the installation of the equipment is likely to have a result referred to in paragraph (a) or (b)—whether there are practicable means of avoiding such a result, including (but not limited to):
 (i) changing the configuration or operating parameters of a facility situated on the tower; and
 (ii) making alterations to the tower; and
 (d) such other matters (if any) as are relevant.
 (8) For the purposes of subsection (7), facility has the same meaning as in the Telecommunications Act 1997.