Document ID: chunk:federal_register_of_legislation:C2024C00742:section:349:p3
Version: federal_register_of_legislation:C2024C00742
Segment Type: section
Provision Reference: s 349 (pt 3/4)
Character Range: 767072–770122

The Minister may, by legislative instrument, set out one or more conditions for the purposes of subparagraph (10)(c)(iv).
 (11C) The Minister may, by legislative instrument, set out one or more conditions for the purposes of subparagraph (10)(d)(ii).

Exempt line
 (12) For the purposes of this section, exempt line means a line specified in an instrument in force under subsection (13).
 (13) The Minister may, by legislative instrument, specify a line for the purposes of subsection (12).

Designated network
 (14) For the purposes of this section, designated network means:
 (a) an optical fibre network; or
 (b) a hybrid fibre‑coaxial network; or
 (c) a telecommunications network specified in an instrument in force under subsection (15).
 (15) The Minister may, by legislative instrument, specify a telecommunications network for the purposes of paragraph (14)(c).
 (15A) For the purposes of this section:
 (a) the question of whether a carriage service provider is in a position to exercise control over a designated network is to be determined under Division 7 of Part 33; and
 (b) in determining that question for a carriage service provider other than Telstra, that Division applies in relation to the carriage service provider in a corresponding way to the way in which that Division applies in relation to Telstra.

Review of determination
 (15B) The ACMA must:
 (a) conduct a review of whether a determination in force under subsection (1) of this section should be varied or revoked; and
 (b) do so at least 2 months before the start of the designated day (within the meaning of section 577A).

Definitions
 (16) In this section:
integrated services digital network has the meaning generally accepted within the telecommunications industry immediately before the commencement of this subsection.
integrated services digital service has the meaning generally accepted within the telecommunications industry immediately before the commencement of this subsection.
local access line has the meaning given by section 349A.
non‑optical‑fibre cable means a line other than an optical fibre line.
optical fibre network means:
 (a) a telecommunications network the line component of which consists of optical fibre lines; or
 (b) a telecommunications network the line component of which consists of optical fibre lines to connecting nodes, supplemented by either or both of the following:
 (i) non‑optical‑fibre cable connections from the nodes to premises occupied or used by end‑users;
 (ii) non‑optical‑fibre cable connections from the nodes to main distribution frames, and non‑optical‑fibre cable connections from main distribution frames to premises occupied or used by end‑users.
PSTN pass‑through service has the meaning generally accepted within the telecommunications industry immediately before the commencement of this subsection.
public switched telephone network has the meaning generally accepted within the telecommunications industry immediately before the commencement of this subsection.
public switched telephone service has