Document ID: chunk:federal_register_of_legislation:C2020A00047:clause:3_360q:p1
Version: federal_register_of_legislation:C2020A00047
Segment Type: clause
Provision Reference: sch 3 cl 360Q (pt 1/2)
Character Range: 183798–186695

360Q  Obligation of statutory infrastructure provider to supply eligible services—premises
 (1) The statutory infrastructure provider for a service area must, on reasonable request by a carriage service provider:
 (a) supply an eligible service to the carriage service provider in order that the carriage service provider can provide qualifying carriage services to end‑users at premises in the service area; and
 (b) do so on the terms and conditions that were published on the statutory infrastructure provider's website at the time when the request was made.
Note: For publication, see section 360X.
 (1A) The eligible service must enable the carriage service provider to supply, to end‑users at premises in the service area, carriage services that can be used by those end‑users to make and receive voice calls.
 (1B) Subsection (1A) does not apply if the carriage service is supplied using a satellite.
 (1C) To avoid doubt, the requirement in subsection (1A) is part of the obligation under subsection (1).

Exceptions
 (2) If:
 (a) a statutory infrastructure provider for a service area supplies an eligible service to a carriage service provider in order that the carriage service provider can provide qualifying carriage services to end‑users at premises in the service area; and
 (b) the eligible service enables the carriage service provider to supply, to end‑users at premises in the service area, carriage services that can be used by those end‑users to make and receive voice calls; and
 (c) the eligible service is a declared service (within the meaning of Part XIC of the Competition and Consumer Act 2010); and
 (d) the statutory infrastructure provider is subject to a standard access obligation (within the meaning of Part XIC of the Competition and Consumer Act 2010) in relation to the eligible service;
the statutory infrastructure provider does not have an obligation under subsection (1) to supply the eligible service to the carriage service provider in order that the carriage service provider can provide qualifying carriage services to end‑users at premises in the service area.
 (2A) Paragraph (2)(b) does not apply if the carriage service is supplied using a satellite.
 (3) An obligation does not arise under subsection (1) in relation to supply of an eligible service in the circumstances (if any) specified in a determination under subsection (4).
 (4) The Minister may, by legislative instrument, determine circumstances for the purposes of subsection (3).

Requirements
 (5) In fulfilling its obligations under subsection (1), the statutory infrastructure provider for a service area must comply with such requirements (if any) as are determined under subsection (6).
 (6) The Minister may, by legislative instrument, determine one or more requirements for the purposes of subsection (5).
 (7) A requirement may be of general application or may be limited to one