Document ID: chunk:federal_register_of_legislation:F2024C00721:reg:5
Version: federal_register_of_legislation:F2024C00721
Segment Type: reg
Provision Reference: reg 5
Character Range: 5454–7953

5  Exempt Real Estate Development Projects (to be served by certain copper networks)
    A real estate development project will be exempt from subsection 360H(2), if all of the following apply to the project:
          (a) there is telecommunications network infrastructure installed within any part of the project area that will enable the supply of eligible services to premises in the whole of the project area;
          (b) the telecommunications network infrastructure referred to in paragraph (a) above:

               (i) was fully installed on or after the Start Date;

               (ii) was installed in accordance with a contractual arrangement entered into by Telstra or a designated Telstra successor company and the person responsible for the real estate development project, and the contractual arrangement does not require Telstra or the designated Telstra successor company to supply qualifying carriage services within all or any part of the project area;

               (iii) at the time of installation, formed part of a fixed‑line telecommunications network owned and operated by Telstra or a designated Telstra successor company, and that network:

                  A. is not technically capable of being used to supply qualifying fixed‑line carriage services; and

                  B. is used to supply standard telephone services in fulfilment of the obligation referred to in paragraph 9(1)(a) of the Telecommunications (Consumer Protection and Service Standards) Act 1999.

Part 3 Exempt Building Redevelopment  Projects

Note 1: Subsection 360H(4) of the Act provides that where a carrier (other than an NBN corporation) has installed telecommunications network infrastructure under a contract for the supply of eligible services to premises in the whole of the project area of a building redevelopment project, the carrier must declare that all of the project area is a provisional nominated service area within 10 business days after completion of the infrastructure build and that carrier becomes the statutory infrastructure provider for that relevant area.
Note 2: Proposed subsection 360H(5A) provides that the Minister may, by legislative instrument, exempt a specified building redevelopment project from subsection 360H(4).  In cases where a project is exempted under subsection 360H(5A), the project area would remain a general service area of NBN Co until such time (if at all) that area become a nominated service area by declaration made by a carrier.