Document ID: chunk:federal_register_of_legislation:C2024C00742:section:360h:p2
Version: federal_register_of_legislation:C2024C00742
Segment Type: section
Provision Reference: s 360H (pt 2/4)
Character Range: 797304–800167

and
 (aa) the carrier is not already the statutory infrastructure provider for a service area that consists of, or includes, the project area; and
 (b) the installation was carried out under a contract with the person responsible for the building redevelopment project; and
 (ba) the infrastructure is not backhaul infrastructure; and
 (c) the conditions specified in an instrument under subsection (5) are satisfied;
the carrier must:
 (d) by written instrument, declare that the whole or the part, as the case requires, of the project area is a provisional nominated service area for the purposes of this Part; and
 (e) do so within 10 business days after completing the installation of that infrastructure.
Note: For the format of the description of the area, see section 360LA.
 (5) The Minister may, by legislative instrument, specify conditions for the purposes of paragraph (4)(c).
Note: For variation and revocation, see subsection 33(3) of the Acts Interpretation Act 1901.
 (5A) The Minister may, by legislative instrument, exempt a specified building redevelopment project from subsection (4).
Note 1: For variation and revocation, see subsection 33(3) of the Acts Interpretation Act 1901.
Note 2: See also section 360N.
 (5B) Subsection (4) does not apply if the supply of the eligible services mentioned in paragraph (4)(a) is, or will be, in the circumstances specified in a determination under subsection 360Q(4).

Infrastructure installed under a contract
 (6) If:
 (a) a carrier (other than an NBN corporation) has installed telecommunications network infrastructure that will enable the supply of eligible services to all of the premises in a particular area (the relevant area); and
 (aa) the carrier is not already the statutory infrastructure provider for a service area that consists of, or includes, the relevant area; and
 (b) the relevant area does not consist of, and is not included in:
 (i) the project area of a real estate development project; or
 (ii) the project area of a building redevelopment project; and
 (c) the installation was carried out under a contract; and
 (d) under the contract, the carrier is or was required, on reasonable request by a carriage service provider on behalf of an end‑user at premises in the relevant area, to connect the premises to a qualifying telecommunications network in order that the carriage service provider can provide eligible services to the end‑user at the premises; and
 (da) the infrastructure is not backhaul infrastructure; and
 (e) the conditions specified in an instrument under subsection (7) are satisfied;
the carrier may, by written instrument, declare that the relevant area is a provisional nominated service area for the purposes of this Part.
Note: For the format of the description of the area, see section 360LA.
 (7) The Minister may, by legislative instrument, specify