Document ID: chunk:federal_register_of_legislation:C2024C00742:section:360q:p1
Version: federal_register_of_legislation:C2024C00742
Segment Type: section
Provision Reference: s 360Q (pt 1/3)
Character Range: 847602–850629

360Q  Obligation of statutory infrastructure provider to supply eligible services—premises
 (1) The statutory infrastructure provider for a service area must, on reasonable request by a carriage service provider:
 (a) supply an eligible service to the carriage service provider in order that the carriage service provider can provide qualifying carriage services to end‑users at premises in the service area; and
 (b) do so on the terms and conditions that were made available on the statutory infrastructure provider's website at the time when the request was made.
Note: See also section 360X.
 (1A) The eligible service must enable the carriage service provider to supply, to end‑users at premises in the service area, carriage services that can be used by those end‑users to make and receive voice calls.
 (1B) Subsection (1A) does not apply if the carriage service is supplied using a satellite.
 (1C) To avoid doubt, the requirement in subsection (1A) is part of the obligation under subsection (1).

Special obligation of NBN Co
 (2) The Minister may, by legislative instrument, determine that, if the conditions specified in the determination are satisfied, this section has effect as if:
 (a) the area specified in the determination were a service area; and
 (b) NBN Co were the statutory infrastructure provider for that area.
Note: For variation and revocation, see subsection 33(3) of the Acts Interpretation Act 1901.

Adjustment
 (2A) The Minister may, by legislative instrument, determine that, if the conditions specified in the determination are satisfied, the statutory infrastructure provider for the service area specified in the determination is taken to have complied with the statutory infrastructure provider's obligations under subsection (1) in relation to the service area.
Note: For variation and revocation, see subsection 33(3) of the Acts Interpretation Act 1901.
 (2B) The Minister may, by legislative instrument, determine that, if the conditions specified in the determination are satisfied, the statutory infrastructure provider is taken to have complied with the statutory infrastructure provider's obligations under subsection (1).
Note: For variation and revocation, see subsection 33(3) of the Acts Interpretation Act 1901.

Exception
 (3) An obligation does not arise under subsection (1) in relation to supply of an eligible service in the circumstances (if any) specified in a determination under subsection (4).
 (4) The Minister may, by legislative instrument, determine circumstances for the purposes of subsection (3).
Note: For variation and revocation, see subsection 33(3) of the Acts Interpretation Act 1901.

Requirements
 (5) In fulfilling its obligations under subsection (1), the statutory infrastructure provider for a service area must comply with such requirements (if any) as are determined under subsection (6).
 (6) The Minister may, by legislative instrument, determine one or more requirements for the purposes of subsection (5).
Note: For variation and revocation,