Document ID: chunk:federal_register_of_legislation:C2024C00195:section:94
Version: federal_register_of_legislation:C2024C00195
Segment Type: section
Provision Reference: s 94
Character Range: 155323–156378

94  Potentially chargeable premises
  If:
 (a) a person is a carrier; and
 (b) during a period comprising the whole or a part of a month in an eligible financial year, either:
 (i) the person owns a local access line, but no nominated carrier declaration is in force in relation to the line; or
 (ii) under a nominated carrier declaration, the person is the nominated carrier in relation to a local access line; and
 (c) the line is not an exempt line in relation to the person for the month; and
 (d) during the whole or a part of the period, a carriage service provider (who may be the person) supplies a designated broadband service to particular premises in Australia using the line;
the premises are potentially chargeable premises in relation to the person for the month.
Note: The line does not need to be physically connected to the premises. This is because using has an extended meaning—see subsection 5(1) of this Act and section 24 of the Telecommunications Act 1997 (when read together with section 18A of the Acts Interpretation Act 1901).