Document ID: chunk:federal_register_of_legislation:F2023L01259:clause:1_6:p1
Version: federal_register_of_legislation:F2023L01259
Segment Type: clause
Provision Reference: sch 1 cl 6 (pt 1/2)
Character Range: 4643–7894

6  Designated ICON Communications Infrastructure
Exemption
       (1)    Subject to the condition set out in subsection 6(2) of this instrument, section 42 of the Act does not apply in relation to the use of Designated ICON Communications Infrastructure, where the use is by:
            (a)    the Crown in right of the Australian Capital Territory or an authority for any of the following purposes:
              (i)     principally for the exercise or performance of a public function or duty; or
              (ii)   in connection with the preparation for, response to or recovery from, an emergency specified in a national emergency declaration (within the meaning of the National Emergency Declaration Act 2020).
            (b)    an authority or institution of the Australian Capital Territory (other than an authority or institution that carries on a business as a core function) for any of the following purposes:
              (i)     principally for the exercise or performance of a public function or duty; or
              (ii)   in connection with the preparation for, response to or recovery from, an emergency specified in a national emergency declaration (within the meaning of the National Emergency Declaration Act 2020).
            (c)    an ActewAGL Corporation for the supply of Permitted Gas Services or Permitted Electricity Services; or
            (d)    a Water Corporation for the supply of Permitted Water Services.
Conditions
       (2)    For the purposes of subsection 6(1), the following conditions are specified:
         (a)    the ICON Secretary (or an authorised representative of the ICON Secretary) must provide a report to the ACMA by 30 September of each year during which this instrument is in force, setting out the following:
              (i)     for the Designated ICON Communications Infrastructure used in the reporting period (as permitted under subsection 6(1)):

                  A. the locations (at suburb level or where outside of a built-up areas, the adjacent suburb) of the infrastructure as at the applicable report date; and

                  B. if the Designated ICON Communications Infrastructure relates to infrastructure comprised of line links, the capacity of those links;

              (ii)   the legal name and associated identifier (such as an ABN or ACN) of each user (as permitted under subsection 6(1)) of the Designated ICON Communications Infrastructure as at the applicable report date; and
           (b)    the uses of the Designated ICON Communications Infrastructure are authorised in writing:
                (i)     in respect of each permitted use described in subsection 6(1) above—the ICON Secretary or an authorised representative of the ICON Secretary; and
                (ii)   in respect of the permitted use described in paragraph 6(1)(a) above—an authorised representative of the ACT Government.
                (iii) in respect of the permitted use described in paragraph 6(1)(b) and (b) above—an authorised representative of the relevant authority or institution.
                (iv) in respect of the permitted use described in paragraph 6(1)(c) above—an authorised representative of the relevant ActewAGL Corporation;
                (v)    in respect