Document ID: chunk:federal_register_of_legislation:C2024C00742:section:349:p2
Version: federal_register_of_legislation:C2024C00742
Segment Type: section
Provision Reference: s 349 (pt 2/4)
Character Range: 764417–767341

determination under this section is a legislative instrument.
 (9) The ACMA must take all reasonable steps to ensure that a determination is in force under subsection (1) at all times before the start of the designated day (within the meaning of section 577A).

Eligible standard telephone service
 (10) For the purposes of this section, eligible standard telephone service means a standard telephone service that is supplied using a local access line (other than an exempt line) to premises occupied or used by an end‑user, where:
 (a) the local access line forms part of the infrastructure of:
 (i) a public switched telephone network (other than a designated network) that was in existence immediately before the commencement of this subsection (even if it is subsequently extended); or
 (ii) an integrated services digital network (other than a designated network) that was in existence immediately before the commencement of this subsection (even if it is subsequently extended); or
 (iii) a telecommunications network specified in an instrument in force under subsection (11); or
 (b) the following conditions are satisfied:
 (i) the service is a public switched telephone service supplied by a carriage service provider;
 (ii) the local access line is part of the infrastructure of a designated network (other than a hybrid fibre‑coaxial network);
 (iii) the carriage service provider is in a position to exercise control over the designated network;
 (iv) such other conditions (if any) as are set out in an instrument in force under subsection (11A); or
 (c) the following conditions are satisfied:
 (i) the service is an integrated services digital service supplied by a carriage service provider;
 (ii) the local access line is part of the infrastructure of a designated network (other than a hybrid fibre‑coaxial network);
 (iii) the carriage service provider is in a position to exercise control over the designated network;
 (iv) such other conditions (if any) as are set out in an instrument in force under subsection (11B); or
 (d) the following conditions are satisfied:
 (i) the service is a PSTN pass‑through service supplied in conjunction with a telecommunications network covered by paragraph (b) of the definition of optical fibre network in subsection (16);
 (ii) such other conditions (if any) as are set out in an instrument in force under subsection (11C).
 (11) The Minister may, by legislative instrument, specify a telecommunications network for the purposes of subparagraph (10)(a)(iii).
 (11A) The Minister may, by legislative instrument, set out one or more conditions for the purposes of subparagraph (10)(b)(iv).
 (11B) The Minister may, by legislative instrument, set out one or more conditions for the purposes of subparagraph (10)(c)(iv).
 (11C) The Minister may, by legislative instrument, set out one or more conditions for the purposes of subparagraph (10)(d)(ii).

Exempt line
 (12)