Document ID: chunk:federal_register_of_legislation:F2024L00574:clause:1_6:p1
Version: federal_register_of_legislation:F2024L00574
Segment Type: clause
Provision Reference: sch 1 cl 6 (pt 1/4)
Character Range: 4990–7835

6  Determination of circumstances
For the purposes of subsection 360P(2) of the Act, the following circumstances are determined:
 (a) where, by the day requested for connection, the premises specified in the request is:
 (i) under construction and a relevant SIP has reasonably determined that the building works for the premises will not have sufficiently progressed to a stage that is adequate for the connection to be undertaken; or
 (ii) a permanent structure that does not comply with all applicable planning and development laws pertaining to structural safety and integrity; or
 (iii) a moveable structure that is not reasonably expected to be continuously located at the particular site where the connection has been requested;
 (b) where the supply of a power source by the end‑user is required to adequately support the connection and that power source is not reasonably expected to be available by the date requested for the connection;
 (c) where fulfilment of the connection obligation at the particular premises would constitute a contravention by a 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 civil works which are not the responsibility of a relevant SIP are required to adequately support the connection, and have not been supplied or arranged to be supplied by the date requested for the connection;
Note:  Part 20A of the Act generally requires developers to arrange for civil works to be undertaken to ensure that fibre‑ready facilities (such as pit and pipe) are installed in their real estate development projects.
 (e) where a relevant SIP has already received a request for connection at the same premises, and the relevant SIP is either processing the request or has already connected that premises;
 (f) 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 another 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 the third party network to supply the service, that the service is to be withdrawn within a specified timeframe; or
 (ii) an end‑user or another 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;
 (g) where the installation of equipment necessary for the connection would put a relevant SIP's employees, contractors or agents