Document ID: chunk:federal_register_of_legislation:C2020A00047:clause:3_360p:p2
Version: federal_register_of_legislation:C2020A00047
Segment Type: clause
Provision Reference: sch 3 cl 360P (pt 2/3)
Character Range: 180761–183733

provider can provide qualifying carriage services to an end‑user at the premises; and
 (ii) sets out terms and conditions that are the same as the terms and conditions published as mentioned in paragraph (c);
the statutory infrastructure provider must comply with the request mentioned in paragraph (d).
Note: For publication, see section 360W.
 (9) If:
 (a) a carriage service provider makes a request as mentioned in subsection (1) in relation to the connection of premises; and
 (b) as a result, the statutory infrastructure provider has an obligation under subsection (1) to connect the premises; and
 (c) the connection is not covered by an agreement between the statutory infrastructure provider and the carriage service provider;
the statutory infrastructure provider must comply with the obligation on the terms and conditions that were published on the statutory infrastructure provider's website at the time when the request was made.
Note: For publication, see section 360W.

Ministerial determination—reasonable
 (10) The Minister may, by legislative instrument:
 (a) determine that, if the condition specified in the determination is satisfied in relation to premises, then, for the purposes of subsection (1), it is taken not to be reasonable for a statutory infrastructure provider to connect the premises to a qualifying fixed‑line telecommunications network; or
 (b) determine that, if the conditions specified in the determination are satisfied in relation to premises, then, for the purposes of subsection (1), it is taken not to be reasonable for a statutory infrastructure provider to connect the premises to a qualifying fixed‑line telecommunications network.
 (11) A determination under subsection (10) must be an instrument of a legislative character.

Response to request
 (11A) If a carriage service provider makes a request as mentioned in subsection (1) on behalf of an end‑user at particular premises:
 (a) the statutory infrastructure provider must:
 (i) notify the carriage service provider that the statutory infrastructure provider will fulfil the request; or
 (ii) refuse the request; and
 (b) do so within:
 (i) 10 business days after receiving the request; or
 (ii) if a longer period is specified under subsection (11B)—that longer period.
 (11B) The Minister may, by legislative instrument, specify a period for the purposes of subparagraph (11A)(b)(ii).

Notification of refusal of request
 (12) If:
 (a) a carriage service provider makes a request as mentioned in subsection (1) on behalf of an end‑user at particular premises; and
 (b) the statutory infrastructure provider refuses the request;
then:
 (c) the statutory infrastructure provider must:
 (i) give written notice of the refusal to the carriage service provider; and
 (ii) do so within 5 business days after the refusal; and
 (d) if the carriage service provider receives the notice—the carriage service provider must:
 (i) give a copy of the notice to the end‑user; and