Document ID: chunk:federal_register_of_legislation:C2011A00107:clause:1_372f
Version: federal_register_of_legislation:C2011A00107
Segment Type: clause
Provision Reference: sch 1 cl 372F
Character Range: 14859–17136

372F  Installation of fibre‑ready facilities—building units

Scope
 (1) This section applies to the installation of a fixed‑line facility in the project area, or any of the project areas, for a real estate development project if:
 (a) the project involves the construction of one or more building units on one or more areas of land; and
 (b) the installation occurs after the commencement of this section; and
 (c) sewerage services, electricity or water is, are, or will be, supplied to those units.
Note 1: For fixed‑line facility, see section 372V.
Note 2: For real estate development project, see section 372Q.
Note 3: For building unit, see section 372S.
Note 4: For supply of sewerage services, electricity or water, see section 372Z.
Note 5: For exemptions, see section 372K.
Note 6: For exemption of certain projects, see section 372P.

Requirement
 (2) A person must not install a fixed‑line facility in the project area, or any of the project areas, for a real estate development project, unless:
 (a) the facility is a fibre‑ready facility; and
 (b) the conditions (if any) specified in an instrument under subsection (4) are satisfied.
Note 1: For fibre‑ready facility, see section 372W.
Note 2: For exemptions, see section 372K.
 (3) Subsection (2) does not apply if NBN Co has issued a statement under section 372J to the effect that neither it nor any other NBN corporation has installed, is installing, or proposes to install, optical fibre lines in the project area, or any of the project areas, for the project.
 (4) The Minister may, by legislative instrument, specify conditions for the purposes of paragraph (2)(b).

Ancillary contraventions
 (5) A person must not:
 (a) aid, abet, counsel or procure a contravention of subsection (2); or
 (b) induce, whether by threats or promises or otherwise, a contravention of subsection (2); or
 (c) be in any way, directly or indirectly, knowingly concerned in, or party to, a contravention of subsection (2); or
 (d) conspire with others to effect a contravention of subsection (2).

Civil penalty provisions
 (6) Subsections (2) and (5) are civil penalty provisions.
Note: Part 31 provides for pecuniary penalties for breaches of civil penalty provisions.

Subdivision B—Sale of building lots and building units