Document ID: chunk:federal_register_of_legislation:C2020A00047:clause:3_360h:p1
Version: federal_register_of_legislation:C2020A00047
Segment Type: clause
Provision Reference: sch 3 cl 360H (pt 1/3)
Character Range: 163948–166845

360H  Nominated service area—declaration made by a carrier
 (1) For the purposes of this Part, if a provisional nominated service area is attributable to a declaration under this section, so much of the provisional nominated service area as is not:
 (a) the whole or a part of a provisional nominated service area that is attributable to a subsequent declaration under this section; or
 (b) the whole or a part of a designated service area;
is a nominated service area.

Provisional nominated service area—real estate development project
 (2) If:
 (a) after the commencement of this section, a carrier (other than an NBN corporation) installs telecommunications network infrastructure that will enable the supply of eligible services to premises in the whole of the project area of a real estate development project; and
 (b) the installation was carried out under a contract; and
 (c) the conditions specified in an instrument under subsection (3) are satisfied;
the carrier must:
 (d) by written instrument, declare that the whole of the project area is a provisional nominated service area for the purposes of this Part; and
 (e) do so within 10 business days after completing the installation of that infrastructure.
Note: For the format of the description of the area, see section 360LA.
 (3) The Minister may, by legislative instrument, specify conditions for the purposes of paragraph (2)(c).
 (3A) The Minister may, by legislative instrument, exempt a specified real estate development project from subsection (2).
 (3B) Subsection (2) does not apply if the supply of the eligible services mentioned in paragraph (2)(a) is, or will be, in the circumstances specified in a determination under subsection 360Q(4).

Provisional nominated service area—building redevelopment project
 (4) If:
 (a) after the commencement of this section, a carrier (other than an NBN corporation) installs telecommunications network infrastructure that will enable the supply of eligible services to premises in the whole of the project area of a building redevelopment project; and
 (b) the installation was carried out under a contract; and
 (c) the conditions specified in an instrument under subsection (5) are satisfied;
the carrier must:
 (d) by written instrument, declare that the whole of the project area is a provisional nominated service area for the purposes of this Part; and
 (e) do so within 10 business days after completing the installation of that infrastructure.
Note: For the format of the description of the area, see section 360LA.
 (5) The Minister may, by legislative instrument, specify conditions for the purposes of paragraph (4)(c).
 (5A) The Minister may, by legislative instrument, exempt a specified building redevelopment project from subsection (4).
 (5B) Subsection (4) does not apply if the supply of the eligible services mentioned in paragraph (4)(a) is, or will be, in the