Document ID: chunk:federal_register_of_legislation:C2012A00044:clause:1_8h:p1
Version: federal_register_of_legislation:C2012A00044
Segment Type: clause
Provision Reference: sch 1 cl 8H (pt 1/2)
Character Range: 21862–24644

8H  Meaning of designated STS area
 (1) For the purposes of this Act, designated STS area means:
 (a) a non‑fibre designated STS area; or
 (b) a fibre designated STS area.
Note 1: For non‑fibre designated STS area, see subsection (2).
Note 2: For fibre designated STS area, see subsection (6).

Non‑fibre designated STS area
 (2) The Minister may, by writing, declare that a specified service area is a non‑fibre designated STS area for the purposes of this Act.
 (3) The Minister must not make a declaration under subsection (2) in relation to a service area unless:
 (a) a final migration plan is in force; and
 (b) the Minister is satisfied that no NBN corporation has installed, is installing, or proposes to install, optical fibre lines to premises in the service area; and
 (c) the Minister has made a declaration under section 8J that, in the Minister's opinion, there are satisfactory alternative contractual arrangements relating to standard telephone services.
 (4) A declaration under subsection (2) comes into force at the later of the following times:
 (a) when the declaration is made;
 (b) the start of the day immediately after the last day on which a resolution referred to in subsection 42(1) of the Legislative Instruments Act 2003 disallowing the section 8J declaration could be passed.
 (5) Before making a declaration under subsection (2), the Minister must consult NBN Co.

Fibre designated STS area
 (6) The Minister may, by writing, declare that a specified service area is a fibre designated STS area for the purposes of this Act.
 (7) The Minister must not make a declaration under subsection (6) in relation to a service area unless:
 (a) a final migration plan is in force; and
 (b) the Minister is satisfied that an NBN corporation has installed, or is installing, optical fibre lines to premises in the service area; and
 (c) the Minister has made a declaration under section 8J that, in the Minister's opinion, there are satisfactory alternative contractual arrangements relating to standard telephone services.
 (8) A declaration under subsection (6) comes into force at the later of the following times:
 (a) when the declaration is made;
 (b) the start of the day immediately after the last day on which a resolution referred to in subsection 42(1) of the Legislative Instruments Act 2003 disallowing the section 8J declaration could be passed.
 (9) Before making a declaration under subsection (6), the Minister must consult NBN Co.

Duty to make declaration
 (10) If:
 (a) the Minister has made a declaration under section 8J that, in the Minister's opinion, there are satisfactory alternative contractual arrangements relating to standard telephone services; and
 (b) the Minister has the power to make one or more declarations under subsection