Document ID: chunk:federal_register_of_legislation:F2024L00574:clause:1_7:p1
Version: federal_register_of_legislation:F2024L00574
Segment Type: clause
Provision Reference: sch 1 cl 7 (pt 1/4)
Character Range: 12951–15778

7  Determination of circumstances

     For the purposes of subsection 360Q(3) of the Act, the following circumstances are determined:
 (a) where, by the day requested for the supply, the premises specified in the request is:
 (i)  not connected to the relevant SIP's qualifying telecommunications network and the relevant SIP is not required under subsection 360P(1) of the Act to connect the premises; or
 (ii) under construction and the relevant SIP has reasonably determined that the building works for the premises will not have sufficiently progressed for the commencement of the supply; or
 (iii) a permanent structure that does not comply with all applicable planning and development laws pertaining to structural safety and integrity; or
 (iv) a moveable structure that is not reasonably expected to be continuously located at the particular site where the supply of the eligible service has been requested;
 (b) where the supply of a power source by the end‑user is required to adequately support the supply of the eligible service and that power source is not reasonably expected to be available by the date requested for the commencement of the supply;
 (c) where fulfilment of the supply obligation at the particular premises would constitute a contravention by the relevant SIP of an applicable law of the Commonwealth, State, Territory or local government and there are no steps reasonably available to the relevant SIP to lawfully avoid the contravention;
 (d) where the relevant SIP has already received a request for supply of an eligible service at the same premises, and the relevant SIP is either processing the request or has already commenced the supply of an eligible service to that premises;
 (e) where the premises is connected to another qualifying telecommunications network (third party network) and a relevant SIP is reasonably satisfied, based on documentation obtained from the requesting carriage service provider or other information, that at the time of the request either:
 (i) an end‑user or other person is being supplied with a qualifying carriage service using the third party network and that person has not been advised by the provider using that third party network to supply the service, that the service is to be withdrawn within a specified timeframe; or
 (ii) an end‑user or other person is being supplied with a qualifying carriage service using the third party network and that person has not requested or does not intend to request the cancellation of the service within a reasonable timeframe;
 (f) where the installation of equipment necessary for the supply of the eligible service would put the relevant SIP's employees, contractors or agents or members of the public at unreasonable risk of being exposed to health or safety hazards;
 (g) where, in order for the relevant