Document ID: chunk:federal_register_of_legislation:F2024L00574:clause:1_6:p3
Version: federal_register_of_legislation:F2024L00574
Segment Type: clause
Provision Reference: sch 1 cl 6 (pt 3/4)
Character Range: 10182–12949

premises specified in the request;
 (m) where:
 (i) after conducting an on‑site inspection of, or undertaking other inquiries or analysis of, the location where the premises is sited, a relevant SIP reasonably determines there are particular topographical or other features of the premises or its location that either impact or prevent the connection and/or would render the premises incapable of being supplied with a properly functioning eligible service (the impediment); and
 (ii) the relevant SIP has notified the requesting carriage service provider in writing of the impediment, and if applicable, details of reasonable adjustments that could be undertaken (with or without any cost to the end‑user) within a reasonable timeframe to remove or overcome the impediment to enable the connection to be undertaken and/or render the premises capable of being supplied in the future with a properly functioning eligible service;
 (iii) the relevant SIP has asked the requesting carriage service provider to notify the end‑user in writing of the information of the impediment (and any other details, if applicable) as referenced in paragraph (ii) above; and
 (iv) the end‑user has not, within a reasonable timeframe specified by the carriage service provider, removed the impediment or made other reasonable adjustments.

Division 2— Exceptions to the obligation to supply eligible services
Note 1: Paragraph 360Q(1)(a) of the Act imposes the obligation on a statutory infrastructure provider for a service area to supply, on reasonable request by a carriage service provider, an eligible service to the carriage service provider in order that the carriage service provider can provide qualifying carriage services to an end‑user at premises in the service area.
Note 2: Subsection 360Q(3) of the Act provides that the obligation to supply an eligible service does not arise under subsection 360Q(1) in the circumstances specified in a ministerial determination under subsection 360Q(4).
Note 3: A statutory infrastructure provider is not obliged under subsection 360Q(1) of the Act to supply eligible services in order that a carriage service provider can provide qualifying carriage services to an end‑user at premises, where the premises is not situated in the statutory infrastructure provider's service area.
Note 4: Subsections 152AR(4) and (9) in Part XIC of the CCA sets out the exceptions to category A standard access obligations applicable to the supply of declared services by a carrier or a carriage service provider that is not an NBN corporation.
Note 5: Subsections 152AXB(3) and (6) in Part XIC of the CCA sets out the exceptions to category B standard access obligations applicable to the supply of declared services by an NBN corporation.