Document ID: chunk:federal_register_of_legislation:C2020A00047:clause:4_96:p1
Version: federal_register_of_legislation:C2020A00047
Segment Type: clause
Provision Reference: sch 4 cl 96 (pt 1/3)
Character Range: 240829–243433

96  Exempt lines—local access lines transitioning to the NBN

Telstra
 (1) If:
 (a) a person is a carrier; and
 (b) during a period comprising the whole or a part of a month in an eligible financial year, either:
 (i) the person owns a local access line, but there is no nominated carrier declaration in force in relation to the line; or
 (ii) under a nominated carrier declaration, the person is the nominated carrier in relation to a local access line; and
 (c) the line is not owned by an NBN corporation at any time during that month; and
 (d) the line is not used by an NBN corporation to supply a declared service at any time during that month; and
 (e) during the whole of that month, there was in force a legally enforceable agreement that satisfies the following conditions:
 (i) the agreement provides for the transfer of ownership or control of the line to an NBN corporation;
 (ii) the agreement is covered by a determination made under subsection 577BA(9) of the Telecommunications Act 1997;
 (iii) the agreement is not specified in an instrument under subsection (2);
the line is an exempt line in relation to the person for that month.
 (2) The Minister may, by legislative instrument, specify one or more agreements for the purposes of subparagraph (1)(e)(iii).

Optus
 (3) If:
 (a) a person is a carrier; and
 (b) during a period comprising the whole or a part of a month in an eligible financial year, either:
 (i) the person owns a local access line, but there is no nominated carrier declaration in force in relation to the line; or
 (ii) under a nominated carrier declaration, the person is the nominated carrier in relation to a local access line; and
 (c) the line is not owned by an NBN corporation at any time during that month; and
 (d) the line is not used by an NBN corporation to supply a declared service at any time during that month; and
 (e) during the whole of that month, there was in force a contract that satisfies the following conditions:
 (i) the contract provides for the deactivation or decommissioning of lines that form part of the infrastructure of a hybrid fibre‑coaxial network;
 (ii) the contract was entered into between NBN Co and the listed Optus companies (see subsection (10));
 (iii) the contract applies to the line;
 (iv) the agreement is not specified in an instrument under subsection (4);
the line is an exempt line in relation to the person for that month.
 (4) The Minister may, by legislative instrument, specify one or more agreements for the purposes of subparagraph (3)(e)(iv).

Other networks
 (5) If:
 (a) a person is a carrier; and
 (b)