Document ID: chunk:federal_register_of_legislation:F2023L00221:clause:1_7:p4
Version: federal_register_of_legislation:F2023L00221
Segment Type: clause
Provision Reference: sch 1 cl 7 (pt 4/4)
Character Range: 17593–20281

the Environment Protection and Biodiversity Conservation Act 1999;
(l)          both:
              (i) the consent or authority of any person other than the person making the request is required before a primary universal service provider is authorised to perform the works necessary to install the standard telephone service, including any consent or authority that is required:
                  (A) to access any premises or facilities (such as common property); or
                  (B) to temporarily or permanently locate equipment at a location (such as an equipment room or a part of premises not owned by the person making the request); and
          (ii) that consent or authority is not provided;
(m)      subject to subsections (6) and (7), the premises specified in the request for the supply of a standard telephone service is already supplied with a standard telephone service (the existing standard telephone service):
              (i) by a carriage service provider other than a primary universal service provider except where:
(A)         the person making the request, or another person residing at the premises, requests Priority Assistance; and
(B)          that carriage service provider does not offer Priority Assistance; or
              (ii) by a primary universal service provider in fulfilment of the universal service obligation as set out at paragraph 9(1)(a) of the Act.
(5)    For the purposes of subparagraph 7(4)(h)(ii), if the 'another carriage service provider' referred to in subsection 21(3) of the CSG Standard is an NBN corporation, then:
          (a)      subsection 21(3) of the CSG Standard will not apply; and

(b)      the circumstances beyond the control of a primary universal service provider referred to in subsection 21(2) of the CSG Standard may include damage to, or failure of, the NBN Co fixed line network that:
              (i)             causes mass outages of specified services; and

(ii)           restricts connection to a specified service or rectification of a fault or service difficulty.
(6)    Subparagraph (4)(m)(i) does not apply where the existing standard telephone service is:
          (a)      a public mobile telecommunications service; or

          (b)      a mobile satellite service.

(7)    Subparagraph (4)(m)(ii) does not apply where:
(a)      the relevant request for the supply of a standard telephone service would require the supply of equipment, or other goods or services, under subsection 9E(1) of the Act in order to comply with the Disability Discrimination Act 1992; and
(b)     the existing standard telephone service does not require the supply of such equipment, or such goods or services.