Document ID: chunk:federal_register_of_legislation:C2023C00417:section:98a:p2
Version: federal_register_of_legislation:C2023C00417
Segment Type: section
Provision Reference: s 98A (pt 2/3)
Character Range: 141048–143743

the access relates to the creation, development or operation of the national broadband network;
 (c) the giving to an NBN corporation, by Telstra, of access to a site:
 (i) owned, occupied or controlled by Telstra; and
 (ii) on which there is, or is proposed to be, situated a facility;
  where:
 (iii) under section 577BA of the Telecommunications Act 1997, the giving of the access is authorised for the purposes of subsection 51(1) of the Competition and Consumer Act 2010; and
 (iv) the access relates to the creation, development or operation of the national broadband network;
 (d) the supply to an NBN corporation, by Telstra, of an eligible service, where:
 (i) under section 577BA of the Telecommunications Act 1997, the supply of the service is authorised for the purposes of subsection 51(1) of the Competition and Consumer Act 2010; and
 (ii) the supply of the service relates to the creation, development or operation of the national broadband network;
 (e) the receipt of money by a person in respect of a matter covered by paragraph (a), (b), (c) or (d);
 (f) an agreement that:
 (i) is between Telstra and an NBN corporation; and
 (ii) relates to a matter covered by paragraph (a), (b), (c) or (d);
  where, at the time when the agreement is entered into, an undertaking is in force under section 577A of the Telecommunications Act 1997;
 (g) an agreement that:
 (i) is between Telstra and an NBN corporation; and
 (ii) relates to a matter covered by paragraph (a), (b), (c) or (d);
  where the operative provisions of the agreement are subject to a condition precedent, namely, the coming into force of an undertaking under section 577A of the Telecommunications Act 1997.
facility has the same meaning as in the Telecommunications Act 1997.
fixed‑line carriage service has the same meaning as in section 577BC of the Telecommunications Act 1997.
Telstra has the same meaning as in the Telstra Corporation Act 1991.

Category A designated matters
 (2) Stamp duty or other tax is not payable under a law of a State or Territory in respect of:
 (a) a category A designated matter; or
 (b) anything done (including a transaction entered into or an instrument or document made, executed, lodged or given) because of, or for a purpose connected with or arising out of, a category A designated matter.
 (3) Subsection (2) ceases to have effect 24 months after the day on which the Communications Minister makes a declaration under section 48 that, in the Communications Minister's opinion, the national broadband network should be treated as built and fully operational.

Category B designated matters
 (4) Stamp duty or other tax is not payable under a law of a State or Territory in