Document ID: chunk:federal_register_of_legislation:F2014L01700:body:0:p2
Version: federal_register_of_legislation:F2014L01700
Segment Type: other
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Character Range: 2907–5843

the Deed of Amendment and Restatement,

     which documents conditions precedent and various agreements related to the national broadband network and common provisions which are incorporated into other agreements between Telstra and NBN Co related to the national broadband network.

     Infrastructure Services Agreement means:

          (a)  the agreement of that name entered into by Telstra and NBN Co on 23 June 2011 and amended on 14 December 2014 pursuant to the Deed of Amendment and Restatement; and

          (b) the agreement of that name entered into by Telstra and NBN Co on 23 June 2011 and amended and restated pursuant to the Deed of Amendment and Restatement,

     which sets out, amongst other matters, the terms for the provision of long-term access to infrastructure and related services by Telstra to NBN Co, including ducts, pits and manholes, dark fibre, other fibre and exchange access and for the sale of copper lines, hybrid fibre-coaxial lines, lead-in-conduits and other infrastructure by Telstra to NBN Co and the provision of related services.

     NBN Co means NBN Co Limited (ACN 136 533 741) as the company exists from time to time (even if its name is later changed).

     national broadband network has the same meaning as in section 5 of the National Broadband Network Companies Act 2011.

     Subscriber Agreement means:

          (a)  the agreement of that name entered into by Telstra and NBN Co on 23 June 2011 and amended on 14 December 2014 pursuant to the Deed of Amendment and Restatement; and

          (b) the agreement of that name entered into by Telstra and NBN Co on 23 June 2011 and amended and restated pursuant to the Deed of Amendment and Restatement,

     which sets out, amongst other matters, terms applicable to the disconnection by Telstra of copper-based customer access network services and hybrid-fibre coaxial broadband services that are provided to premises in the national broadband network fixed-line footprint and other terms related to disconnection and migration processes.

     Telstra means Telstra Corporation Limited (ACN 051 775 556) as the company exists from time to time (even if its name is later changed).

     Undertaking means the undertaking given by Telstra to the Australian Competition and Consumer Commission under subsection 577A(1) of the Act and which came into force on 6 March 2012.

   4       Determination

   Subsection 577BA(8) of the Act applies, and is taken to have always applied, to each of the following contracts, as if Telstra had entered into each of these contracts in order to comply with the Undertaking:

              (a)      Access Deed;

              (b)      Continuity Deed;

              (c)      Deed of Amendment and Restatement;

              (d)      Infrastructure Services Agreement;

              (e)      Implementation and Interpretation Deed; and

              (f)      Subscriber Agreement.