Document ID: chunk:federal_register_of_legislation:C2011A00107:clause:1_372h
Version: federal_register_of_legislation:C2011A00107
Segment Type: clause
Provision Reference: sch 1 cl 372H
Character Range: 20611–22740

372H  Sale of building units—other projects

Scope
 (1) This section applies if:
 (a) a real estate development project involves:
 (i) the construction of one or more building units on one or more areas of land; and
 (ii) the making available of any or all of those building units for sale or lease; and
 (b) sewerage services, electricity or water is, are, or will be, supplied to those units.
Note 1: For building unit, see section 372S.
Note 2: For sale of building units, see section 372U.
Note 3: For supply of sewerage services, electricity or water, see section 372Z.
Note 4: For exemptions, see section 372K.
Note 5: For exemption of certain projects, see section 372P.

Requirements
 (2) A constitutional corporation must not, in the course of carrying out, or carrying out an element of, the project, sell or lease such a building unit unless a fibre‑ready facility is installed in proximity to the unit.
Note 1: For fibre‑ready facility, see section 372W.
Note 2: For proximity, see section 372Y.
Note 3: For exemptions, see section 372K.
 (3) Subsection (2) does not apply if NBN Co has issued a statement under section 372J to the effect that neither it nor any other NBN corporation has installed, is installing, or proposes to install, optical fibre lines in the project area, or any of the project areas, for the project.

Ancillary contraventions
 (4) A person must not:
 (a) aid, abet, counsel or procure a contravention of subsection (2); or
 (b) induce, whether by threats or promises or otherwise, a contravention of subsection (2); or
 (c) be in any way, directly or indirectly, knowingly concerned in, or party to, a contravention of subsection (2); or
 (d) conspire with others to effect a contravention of subsection (2).

Civil penalty provisions
 (5) Subsections (2) and (4) are civil penalty provisions.
Note: Part 31 provides for pecuniary penalties for breaches of civil penalty provisions.

Validity of transactions
 (6) A contravention of subsection (2) does not affect the validity of any transaction.

Subdivision C—NBN Co may issue statement about the non‑installation of optical fibre lines