Document ID: chunk:federal_register_of_legislation:C2024C00742:section:577bc:p1
Version: federal_register_of_legislation:C2024C00742
Segment Type: section
Provision Reference: s 577BC (pt 1/2)
Character Range: 1249191–1251900

577BC  Migration plan
 (1) The specified action first mentioned in paragraph 577A(1)(b) may include giving the ACCC a draft migration plan after the relevant undertaking has come into force.
 (2) A draft or final migration plan must:
 (a) specify the action to be taken by Telstra to:
 (i) cease to supply fixed‑line carriage services to customers using a telecommunications network over which Telstra is in a position to exercise control; and
 (ii) commence to supply fixed‑line carriage services to customers using the national broadband network; and
 (b) either:
 (i) set out a timetable for the taking of that action; or
 (ii) set out a method for determining a timetable for the taking of that action.
 (3) A draft or final migration plan may contain provisions dealing with such other matters (if any) as are specified in a written instrument made by the Minister.
 (4) A draft or final migration plan must not contain provisions dealing with such matters (if any) as are specified in a written instrument made by the Minister.

Migration plan principles
 (5) A draft migration plan must not be given to the ACCC unless a determination is in force under subsection 577BB(1).

Publication requirement
 (6) The Minister must cause a copy of an instrument under subsection (3) or (4) to be published on the Department's website.

Instrument is not a legislative instrument
 (7) An instrument under subsection (3) or (4) is not a legislative instrument.

Definitions
 (8) In this section:
fixed‑line carriage service means:
 (a) a carriage service that is supplied using a line to premises occupied or used by an end‑user; or
 (b) a service that facilitates the supply of a carriage service covered by paragraph (a).
national broadband network means a telecommunications network for the high‑speed carriage of communications, where an NBN corporation has been, is, or is to be, involved in the creation or development of the network. To avoid doubt, it is immaterial whether the creation or development of the network is, to any extent, attributable to:
 (a) the acquisition of assets that were used, or for use, in connection with another telecommunications network; or
 (b) the obtaining of access to assets that are also used, or for use, in connection with another telecommunications network.
NBN Co means NBN Co Limited (ACN 136 533 741), as the company exists from time to time (even if its name is later changed).
NBN corporation means:
 (a) NBN Co; or
 (b) NBN Tasmania; or
 (c) a company that is a related body corporate of NBN Co.
NBN Tasmania means NBN Tasmania Limited (ACN 138 338 271), as the company exists from time to time (even if its name is later changed).
related body corporate has the