Document ID: chunk:federal_register_of_legislation:C2024C00742:section:360k:p1
Version: federal_register_of_legislation:C2024C00742
Segment Type: section
Provision Reference: s 360K (pt 1/2)
Character Range: 826200–829058

360K  Statutory infrastructure provider for a nominated service area

Nominated service area covered by a declaration under section 360H
 (1) For the purposes of this Part, if:
 (a) an area is a provisional nominated service area because of a declaration made by a carrier under section 360H; and
 (b) the whole or a part of the provisional nominated service area is a nominated service area;
the carrier is the statutory infrastructure provider for the nominated service area.

Nominated service area covered by a declaration under section 360HB
 (1A) For the purposes of this Part, if:
 (a) an area is a provisional nominated service area because of a declaration made by a carriage service provider under section 360HB; and
 (b) the whole or a part of the provisional nominated service area is a nominated service area;
the carriage service provider is the statutory infrastructure provider for the nominated service area.
 (1B) The Minister may, by legislative instrument, declare that:
 (a) subsection (1A) does not apply to a specified nominated service area; and
 (b) a specified carriage service provider is the statutory infrastructure provider for the nominated service area for the purposes of this Part.
Note: For variation and revocation, see subsection 33(3) of the Acts Interpretation Act 1901.
 (2) The Minister may, by legislative instrument, declare that:
 (a) subsection (1) does not apply to a specified nominated service area; and
 (b) a specified carrier is the statutory infrastructure provider for the nominated service area for the purposes of this Part.
Note: For variation and revocation, see subsection 33(3) of the Acts Interpretation Act 1901.

Nominated service area resulting from the application of section 360J
 (3) For the purposes of this Part, if:
 (a) immediately before the commencement of this section, a carrier licence held by a carrier was subject to a condition under a declaration mentioned in section 360J; and
 (b) as a result of the application of subsection 360J(1) to the declaration, an area is a nominated service area;
the carrier is the statutory infrastructure provider for the nominated service area.
 (4) The Minister may, by legislative instrument, declare that:
 (a) subsection (3) does not apply to a specified nominated service area; and
 (b) a specified carrier is the statutory infrastructure provider for the nominated service area for the purposes of this Part.
Note: For variation and revocation, see subsection 33(3) of the Acts Interpretation Act 1901.
 (5) If an area is a nominated service area because of a declaration made by the Minister under subsection 360J(4), the Minister may, by legislative instrument, declare that a specified carrier is the statutory infrastructure provider for the nominated service area, for the purposes of this Part.
Note: For variation and revocation, see