Document ID: chunk:federal_register_of_legislation:C2015A00038:clause:6_11:p1
Version: federal_register_of_legislation:C2015A00038
Segment Type: clause
Provision Reference: sch 6 cl 11 (pt 1/2)
Character Range: 131323–134228

11  Transitional—determinations under subsection 349(2) of the Telecommunications Act 1997

Scope
(1) This item applies to a determination that:
 (a) was made under subsection 349(2) of the Telecommunications Act 1997; and
 (b) was in force immediately before the commencement of this item.

Modification of determination
(2) The determination does not apply to a declared carriage service unless the service is supplied using a local access line (other than an exempt line) to premises occupied or used by an end‑user, where:
 (a) the local access line forms part of the infrastructure of:
 (i) a public switched telephone network (other than a designated network) that was in existence immediately before the commencement of this item (even if it is subsequently extended); or
 (ii) an integrated services digital network (other than a designated network) that was in existence immediately before the commencement of this item (even if it is subsequently extended); or
 (iii) a telecommunications network specified in an instrument in force under subsection 349(11) of the Telecommunications Act 1997; or
 (b) the following conditions are satisfied:
 (i) the service is a public switched telephone service supplied by a carriage service provider;
 (ii) the local access line is part of the infrastructure of a designated network (other than a hybrid fibre‑coaxial network);
 (iii) the carriage service provider is in a position to exercise control over the designated network;
 (iv) such other conditions (if any) as are set out in an instrument in force under subsection 349(11A) of the Telecommunications Act 1997; or
 (c) the following conditions are satisfied:
 (i) the service is an integrated services digital service supplied by a carriage service provider;
 (ii) the local access line is part of the infrastructure of a designated network (other than a hybrid fibre‑coaxial network);
 (iii) the carriage service provider is in a position to exercise control over the designated network;
 (iv) such other conditions (if any) as are set out in an instrument in force under subsection 349(11B) of the Telecommunications Act 1997; or
 (d) the following conditions are satisfied:
 (i) the service is a PSTN pass‑through service supplied in conjunction with a telecommunications network covered by paragraph (b) of the definition of optical fibre network in subsection 349(16) of the Telecommunications Act 1997;
 (ii) such other conditions (if any) as are set out in an instrument in force under subsection 349(11C) of the Telecommunications Act 1997.
(3) The determination does not apply to a declared carriage service if the service:
 (a) is supplied using:
 (i) a designated radiocommunications facility owned or operated by a carrier or carriage service provider; and
 (ii) a line that runs directly between the facility and the premises occupied or used by an end‑user; and
 (b) if an instrument