Document ID: chunk:federal_register_of_legislation:F2024L00574:clause:1_6:p2
Version: federal_register_of_legislation:F2024L00574
Segment Type: clause
Provision Reference: sch 1 cl 6 (pt 2/4)
Character Range: 7579–10455

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 or members of the public at unreasonable risk of being exposed to health or safety hazards;
 (h) where, in order for a relevant SIP to carry out or complete any part of the connection, the installation of facilities or other equipment (such as customer premises equipment) is necessary for the connection: and
 (i) the relevant SIP requires either or both of the following:
 A. access to land, premises or areas within premises (including, without limitation, common areas) owned or occupied by a party that are not publicly accessible;
 B. the consent of a person to attach or install facilities or other equipment to, or within, premises; and
 (ii) after reasonable endeavours have been undertaken by the relevant SIP to obtain such access or consent (including if requested, informing the requesting carriage service provider of the nature and scope of the works required to be undertaken by the relevant SIP), such access has been refused or not granted within the reasonable timeframe requested by the relevant SIP (as applicable); and
 (iii) the relevant SIP has exhausted all lawful available avenues (including any under Commonwealth law) to obtain such access.
Note:  Under Schedule 3 to the Act, carriers have some powers to inspect land, install certain telecommunications facilities and maintain existing telecommunications facilities, and have some immunities from some state and territory legislation, such as planning laws. Conditions and notification obligations apply.
 (i) where the carriage service provider has not accepted a relevant SIP's terms and conditions for the connection of premises, provided those terms and conditions are not inconsistent with this Instrument;
Note:  Subsection 360W(1) of the Act requires each SIP to make available on its website,  the price and non‑price terms and conditions on which it offers to connect premises in the relevant service area.
 (j) a relevant SIP has a reasonable need to identify the end‑user and adequate information is not available to enable the relevant SIP to identify that end‑user;
 (k) where a relevant SIP believes, on reasonable grounds, that the request to connect the premises is fraudulent;
 (l) where a relevant SIP believes, on reasonable grounds, that the person to whom the request to connect the premises relates does not have the legal right to occupy the premises specified in the request;
 (m) where:
 (i) after conducting an on‑site inspection of, or undertaking other inquiries or analysis of, the location where the premises is sited, a relevant SIP reasonably determines there are particular topographical or other features