Document ID: chunk:federal_register_of_legislation:C2020A00047:clause:3_360h:p2
Version: federal_register_of_legislation:C2020A00047
Segment Type: clause
Provision Reference: sch 3 cl 360H (pt 2/3)
Character Range: 166588–169398

(4)(c).
 (5A) The Minister may, by legislative instrument, exempt a specified building redevelopment project from subsection (4).
 (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; and
 (b) the 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 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
 (e) the conditions specified in an instrument under subsection (7) are satisfied;
the carrier may, by written instrument, declare that the 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 conditions for the purposes of paragraph (6)(e).

Publication etc.
 (8) A carrier must publish on its website a copy of a declaration made by it under this section.
 (9) A carrier must give a copy of a declaration made by it under this section to the ACMA.

Principles
 (10) In making a declaration under this section, a carrier must comply with any principles determined under subsection (11).
 (11) The Minister may, by legislative instrument, determine principles for the purposes of subsection (10).

Revocation
 (12) A declaration made under this section cannot be revoked.

Variation
 (13) A declaration made under this section cannot be varied except under subsection (14).
 (14) The Minister may, by writing, vary a declaration made under this section.
 (15) The Minister must give a copy of a variation under subsection (14) to the ACMA.
 (16) Before making a decision under subsection (14) to vary a declaration, the Minister must:
 (a) cause to be published on the Department's website a notice:
 (i) setting out the draft variation; and
 (ii) inviting persons to make submissions to the Minister about the draft variation within the time limit specified in the notice; and
 (b) consider any submissions received within the time limit specified in the notice.
 (17) The time limit must not