Document ID: chunk:federal_register_of_legislation:C2020A00047:clause:4_96b
Version: federal_register_of_legislation:C2020A00047
Segment Type: clause
Provision Reference: sch 4 cl 96B
Character Range: 246112–248662

96B  Recently connected greenfield premises
 (1) If:
 (a) during a period comprising the whole or a part of a month in an eligible financial year, a person is a carrier; and
 (b) a declaration made under subsection 63(2) of the Telecommunications Act 1997 was in force on 30 June 2018 in relation to the carrier licence held by the person; and
 (c) the declaration provides that the person must (upon request by an end‑user at relevant premises) connect, or arrange for another person on the person's behalf to connect, premises located in a development area (however described) specified in the declaration to a telecommunications network owned by the person (as specified in the declaration); and
 (d) the person, or another person on the person's behalf:
 (i) has connected one or more premises located in the development area to the telecommunications network; and
 (ii) has done so before the end of 30 June 2019; and
 (e) one or more of the connected premises are potentially chargeable premises in relation to the person for that month;
each of the potentially chargeable premises mentioned in paragraph (e) are recently connected greenfield premises in relation to the person for that month.
 (2) If:
 (a) a person is a carrier; and
 (b) during a period comprising the whole or a part of a month in an eligible financial year, the person supplies an eligible local bitstream access service using a local access line; and
 (c) during a whole or a part of that period, a carriage service provider supplies a designated broadband service to one or more premises using the line; and
 (d) one or more of those premises are potentially chargeable premises in relation to the person for that month;
each of the potentially chargeable premises mentioned in paragraph (d) are recently connected greenfield premises in relation to the person for that month.
 (3) In this section:
eligible local bitstream access service means a local bitstream access service that is first supplied at a time during the period:
 (a) beginning at the start of 1 January 2011; and
 (b) ending at the end of 30 June 2019.
local bitstream access service has the meaning given by a declaration that:
 (a) was made:
 (i) under subsection 152AL(3) of the Competition and Consumer Act 2010; and
 (ii) in compliance with repealed subsection 152AL(3C) of the Competition and Consumer Act 2010; and
 (b) was in force immediately before the commencement of Schedule 1 to the Telecommunications Legislation Amendment (Competition and Consumer) Act 2020.

Division 5—Anti‑avoidance