Document ID: chunk:federal_register_of_legislation:C2024C00742:section:360p:p2
Version: federal_register_of_legislation:C2024C00742
Segment Type: section
Provision Reference: s 360P (pt 2/3)
Character Range: 843820–846799

ascertaining price; and
 (ii) other terms and conditions;
  on which it offers to connect premises in the service area to a qualifying telecommunications network in order that a carriage service provider can provide qualifying carriage services to an end‑user at the premises; and
 (d) the carriage service provider requests the statutory infrastructure provider to enter into an agreement that:
 (i) relates to the connection of premises in the service area to a qualifying telecommunications network in order that the carriage service provider can provide qualifying carriage services to an end‑user at the premises; and
 (ii) sets out terms and conditions that are the same as the terms and conditions made available as mentioned in paragraph (c);
the statutory infrastructure provider must comply with the request mentioned in paragraph (d).
Note: See also section 360W.
 (9) If:
 (a) a carriage service provider makes a request as mentioned in subsection (1) in relation to the connection of premises; and
 (b) as a result, the statutory infrastructure provider has an obligation under subsection (1) to connect the premises; and
 (c) the connection is not covered by an agreement between the statutory infrastructure provider and the carriage service provider;
the statutory infrastructure provider must comply with the obligation 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 360W.

Ministerial determination—reasonable
 (10) The Minister may, by legislative instrument:
 (a) determine that, if the condition specified in the determination is satisfied in relation to premises, then, for the purposes of subsection (1), it is taken not to be reasonable for a statutory infrastructure provider to connect the premises to a qualifying fixed‑line telecommunications network; or
 (b) determine that, if the conditions specified in the determination are satisfied in relation to premises, then, for the purposes of subsection (1), it is taken not to be reasonable for a statutory infrastructure provider to connect the premises to a qualifying fixed‑line telecommunications network.
Note: For variation and revocation, see subsection 33(3) of the Acts Interpretation Act 1901.
 (11) A determination under subsection (10) must be an instrument of a legislative character.

Response to request
 (11A) If a carriage service provider makes a request as mentioned in subsection (1) on behalf of an end‑user at particular premises:
 (a) the statutory infrastructure provider must:
 (i) notify the carriage service provider that the statutory infrastructure provider will fulfil the request; or
 (ii) refuse the request; and
 (b) do so within:
 (i) 10 business days after receiving the request; or
 (ii) if a longer period is specified under subsection (11B)—that longer period.
 (11B) The Minister may, by legislative instrument, specify a period for the purposes