Document ID: chunk:federal_register_of_legislation:C2024C00742:section:156:p1
Version: federal_register_of_legislation:C2024C00742
Segment Type: section
Provision Reference: s 156 (pt 1/2)
Character Range: 400148–402838

156  Deemed networks etc.
 (1) For the purposes of this Part, if:
 (a) a telecommunications network is altered or upgraded on or after 1 January 2011, but before the designated commencement date; and
 (b) as a result of the alteration or upgrade, a part of the network became capable of being used to supply a superfast carriage service to residential customers, or prospective residential customers, in Australia;
then:
 (c) that part is taken to be a network in its own right; and
 (d) the network referred to in paragraph (c) is taken to have come into existence on or after 1 January 2011, but before the designated commencement date.
 (2) For the purposes of this Part, if:
 (a) a telecommunications network is extended on or after 1 January 2011, but before the designated commencement date; and
 (b) the extended part of the network is capable of being used to supply a superfast carriage service to residential customers, or prospective residential customers, in Australia;
then:
 (c) the extended part is taken to be a network in its own right; and
 (d) the network referred to in paragraph (c) is taken to have come into existence on or after 1 January 2011, but before the designated commencement date.
 (3) If:
 (a) a part of the infrastructure of a telecommunications network is situated in a particular area that is being or was developed as a particular stage of a real estate development project (within the ordinary meaning of that expression); and
 (b) before the designated commencement date, the network is extended to another area that is being, or is to be, developed as another stage of the project;
subsection (2) does not apply to the extension.
 (4) If:
 (a) a telecommunications network was in existence immediately before 1 January 2011; and
 (b) the network is extended on or after 1 January 2011; and
 (c) no point on the infrastructure of the extension is located more than:
 (i) 1 kilometre; or
 (ii) if a longer distance is specified in the regulations—that longer distance;
  from a point on the infrastructure of the network as the network stood immediately before 1 January 2011;
then:
 (d) subsection (2) does not apply to the extension at any time before the designated commencement date; and
 (e) if, at a time that occurs on or after the designated commencement date, there is in force a legally enforceable agreement that satisfies the following conditions:
 (i) the agreement provides for the transfer of ownership or control of the infrastructure of the extension to an NBN corporation;
 (ii) the agreement is covered by a determination made under subsection 577BA(9);
  subsection (2) of this section does not apply to the extension at that time;