Document ID: chunk:federal_register_of_legislation:C2019A00006:clause:1_19e:p1
Version: federal_register_of_legislation:C2019A00006
Segment Type: clause
Provision Reference: sch 1 cl 19E (pt 1/2)
Character Range: 12284–14960

19E  Publication of access terms and conditions—sites
 (1) If:
 (a) a telecommunications transmission tower owned or operated by an NBN corporation is situated on a particular site; and
 (b) either:
 (i) the site is owned, occupied or controlled by the NBN corporation; or
 (ii) the NBN corporation has a right (whether conditional or unconditional) to use the site;
the NBN corporation must cause to be published on its website:
 (c) the terms and conditions relating to price or a method of ascertaining price; and
 (d) other terms and conditions;
on which it offers to:
 (e) give an eligible person access to the site, in compliance with subsection 19B(1), for the purpose of enabling the eligible person to:
 (i) install particular equipment; or
 (ii) maintain, operate or remove particular equipment; and
 (f) supply to an eligible person goods that are incidental to the giving of that access.
Note 1: For site, see section 19J.
Note 2: For eligible person, see section 19H.
 (2) If:
 (a) a telecommunications transmission tower owned or operated by an NBN corporation is situated on a particular site; and
 (b) either:
 (i) the site is owned, occupied or controlled by the NBN corporation; or
 (ii) the NBN corporation has a right (whether conditional or unconditional) to use the site; and
 (c) an eligible person requests the NBN corporation to:
 (i) give the eligible person access to the site; or
 (ii) supply to the eligible person goods that are incidental to giving the eligible person access to the site; and
 (d) as a result of the request, the NBN corporation has an obligation under subsection 19B(1) to give access to the site or supply the goods, as the case requires; and
 (e) in accordance with subsection (1), the NBN corporation has published on its website:
 (i) the terms and conditions relating to price or a method of ascertaining price; and
 (ii) other terms and conditions;
  on which the NBN corporation offers to give access to the site or supply the goods, as the case requires; and
 (f) the eligible person requests the NBN corporation to enter into an agreement that:
 (i) relates to the access to the site or the supply of the goods, as the case requires; and
 (ii) sets out terms and conditions that are the same as the terms and conditions published as mentioned in paragraph (e);
the NBN corporation must comply with the request mentioned in paragraph (f).
 (3) If:
 (a) a telecommunications transmission tower owned or operated by an NBN corporation is situated on a particular site; and
 (b) either:
 (i) the site is owned, occupied or controlled by the NBN corporation; or
 (ii) the NBN corporation has a right (whether conditional or