Document ID: chunk:federal_register_of_legislation:F2021C00171:body:0:p2
Version: federal_register_of_legislation:F2021C00171
Segment Type: other
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Character Range: 2880–5845

the Act.

       eligible service has the same meaning as in section 152AL of the Competition and Consumer Act 2010.

       fixed-line carriage service has the meaning given by section 142A of the Act.

       LBAS means a service defined under the service description in an annexure to any declaration made by the ACCC under subsection 152AL(3) of the Competition and Consumer Act 2010 in respect of the Local Bitstream Access Service, as in force from time to time.

       regulations mean any regulations made for the purpose of paragraphs 143A(1)(d)(ii) or 143A(1)(e)(ii) of the Act.

       residential customer has a meaning affected by section 161 of the Act.

       SBAS means a service defined under the service description in an annexure to any declaration made by the ACCC under subsection 152AL(3) of the Competition and Consumer Act 2010 in respect of the Superfast Broadband Access Service, as in force from time to time.

      Note 1: A number of terms used in this instrument are defined in the Act, including:
        *          ACCC;
           * facility; and
           * telecommunications network.

      Note 2: Declarations made by the ACCC under subsection 152AL(3) of the Competition and Consumer Act 2010 in respect of the Local Bitstream Access Service and the Superfast Broadband Access Service may be accessed free of charge from the ACCC's website at www.accc.gov.au.

5 Reference to other instruments

            In this instrument, unless the contrary intention appears:

           (a)    a reference to any other legislative instrument is a reference to that other legislative instrument as in force from time to time; and

           (b)   a reference to any other kind of instrument or writing is a reference to that other instrument or writing as in force or in existence from time to time.

          Note 1: For references to Commonwealth Acts, see section 10 of the Acts Interpretation Act 1901; and see also subsection 13(1) of the Legislation Act 2003 for the application of the Acts Interpretation Act 1901 to legislative instruments.

          Note 2: All Commonwealth Acts and legislative instruments are registered on the Federal Register of Legislation.

   Note 3: For paragraph (b), see subsection 589(2) of the Act.

      6 Specification of designated carriage service
      The SBAS and the LBAS are designated carriage services for the purposes of Part 8 of the Act.

7 Exemption

       In circumstances where a person:
         (a)    is not a member of an associated group and who supplies fixed-line carriage services to the higher of no more than:
            (i)       2,000 residential customers; or
            (ii)     the number of residential customers (not exceeding 12,000) specified in regulations made for the purpose of subparagraph 143A(1)(d)(ii) of the Act, as in force from time to time; or
         (b)   is a member of an associated group, and the members of that associated group,