Document ID: chunk:federal_register_of_legislation:C2023C00417:section:4
Version: federal_register_of_legislation:C2023C00417
Segment Type: section
Provision Reference: s 4
Character Range: 14759–17170

4  Simplified outline
  The following is a simplified outline of this Act:

         • An NBN corporation must not supply an eligible service to another person unless the other person is:

                (a) a carrier; or
                (b) a service provider.

         • An NBN corporation must not supply:

                (a) a content service; or
                (b) a non‑communications service; or
                (c) goods that are not for use in connection with the supply by an NBN corporation of an eligible service.

         • An NBN corporation may be required to prepare, and comply with, a functional separation undertaking.
         • The Communications Minister may give directions about the divestiture of assets of an NBN corporation.
         • A condition of a carrier licence held by an NBN corporation may require the NBN corporation to supply a specified carriage service.
         • A condition of a carrier licence held by an NBN corporation may prohibit the NBN corporation from supplying a specified carriage service.
         • Under provisions called the Commonwealth ownership provisions, the Commonwealth must retain ownership of NBN Co.
         • The Commonwealth ownership provisions cease to have effect after the following events have occurred:

                (a) the Communications Minister has declared that, in his or her opinion, the national broadband network should be treated as built and fully operational;
                (b) the Productivity Minister has caused to be tabled in both Houses of Parliament a report of an inquiry by the Productivity Commission;
                (c) the Parliamentary Joint Committee on the Ownership of NBN Co has examined the Productivity Commission's report;
                (d) the Finance Minister has declared that, in his or her opinion, conditions are suitable for the entering into and carrying out of an NBN Co sale scheme, and the declaration has taken effect.

         • NBN Co must take all reasonable steps to ensure that an unacceptable private ownership or control situation does not exist in relation to NBN Co.
Note 1: Clause 1 of Schedule 1 provides that each of the following is an NBN corporation:
(a) NBN Co;
(b) NBN Tasmania;
(c) a company over which NBN Co is in a position to exercise control.
Note 2: The Parliamentary Joint Committee on the Ownership of NBN Co is constituted under Schedule 2.