Document ID: chunk:federal_register_of_legislation:F2023L00221:clause:1_7:p2
Version: federal_register_of_legislation:F2023L00221
Segment Type: clause
Provision Reference: sch 1 cl 7 (pt 2/4)
Character Range: 12201–15096

with the notification requirements at subsections 8(4) and (5); and
(d)         where subparagraph (1)(a)(v) applies, a primary universal service provider complies with the notification requirements at subsection 8(6).
(2)    Subparagraph (1)(a)(ii) does not apply where:
(a)         the subsequent request would require the supply of equipment, or other goods or services, under subsection 9E(1) of the Act in order to comply with the Disability Discrimination Act 1992; and
(b)        the pending request would not require the supply of such equipment, or such goods or services.
(3)    An offer is not a reasonable offer for the purposes of subparagraph (1)(a)(ix) if a primary universal service provider would be required to supply equipment, or other goods or services, under subsection 9E(1) of the Act in order to comply with the Disability Discrimination Act 1992, and the offer does not include an offer to supply such equipment, or such goods or services.

(4)    For the purposes of subsection 9(2E) of the Act, if a primary universal service provider complies with the notification requirements at subsection 8(7), an obligation to supply a standard telephone service on request does not arise under paragraph 9(1)(a) or subsection 9(2) of the Act for any period during which any of the following circumstances applies to a request:

         (a)    the person making the request does not make available, at the expense of the person making the request, an electricity supply sufficient for the technology used (or proposed to be used) to provide the standard telephone service at the premises;
         (b)    where lead-in cabling is required to be installed to permit a primary universal service provider to supply a standard telephone service in response to the request, the person making the request does not:
(i)             supply, agree to pay the reasonable costs of supplying, or arrange for the payment of the costs of supplying, suitable trenching to house underground cabling between the point that the cable enters the property and the point that the cable enters the building; or
(ii)           erect, agree to pay the reasonable costs of erecting, or arrange for the payment of the costs of erecting, poles at the premises if it is not reasonably feasible to have underground cables;
(c)         the person making the request does not agree to a primary universal service provider's standard form of agreement for the installation and supply of the standard telephone service;
(d)        the person making the request does not provide identification;
(e)         unimpeded ingress and egress to the premises or the land leading to the premises is not available to enable a primary universal service provider to access power or infrastructure as necessary for the installation of a standard telephone service;
(f)          the premises specified in the request for the