Commonwealth Consolidated Acts

TELECOMMUNICATIONS ACT 1997 - SECT 156

  (1)   For the purposes of this Part, if:

  (a)   a telecommunications network is altered or upgraded on or after 1   January 2011, but before the designated commencement date; and

  (b)   as a result of the alteration or upgrade, a part of the network became capable of being used to supply a superfast carriage service to residential customers, or prospective residential customers, in Australia;

then:

  (c)   that part   is taken to be a network in its own right; and

  (d)   the network referred to in paragraph   (c) is taken to have come into existence on or after 1   January 2011, but before the designated commencement date.

  (2)   For the purposes of this Part, if:

  (a)   a telecommunications network is extended on or after 1   January 2011, but before the designated commencement date; and

  (b)   the extended part of the network is capable of being used to supply a superfast carriage service to residential customers, or prospective residential customers, in Australia;

then:

  (c)   the extended part   is taken to be a network in its own right; and

  (d)   the network referred to in paragraph   (c) is taken to have come into existence on or after 1   January 2011, but before the designated commencement date.

  (3)   If:

  (a)   a part of the infrastructure of a telecommunications network is situated in a particular area that is being or was developed as a particular stage of a real estate development project (within the ordinary meaning of that expression); and

  (b)   before the designated commencement date, the network is extended to another area that is being, or is to be, developed as another stage of the project;

subsection   (2) does not apply to the extension.

  (4)   If:

  (a)   a telecommunications network was in existence immediately before 1   January 2011; and

  (b)   the network is extended on or after 1   January 2011; and

  (c)   no point on the infrastructure of the extension is located more than:

  (i)   1 kilometre; or

  (ii)   if a longer distance is specified in the regulations--that longer distance;

    from a point on the infrastructure of the network as the network stood immediately before 1   January 2011;

then:

  (d)   subsection   (2) does not apply to the extension at any time before the designated commencement date; and

  (e)   if, at a time that occurs on or after the designated commencement date, there is in force a legally enforceable agreement that satisfies the following conditions:

  (i)   the agreement provides for the transfer of ownership or control of the infrastructure of the extension to an NBN corporation;

  (ii)   the agreement is covered by a determination made under subsection   577BA(9);

    subsection   (2) of this section does not apply to the extension at that time; and

  (f)   if, at a time that occurs on or after the designated commencement date, there is in force a legally enforceable agreement that satisfies the following conditions:

  (i)   the contract provides for the deactivation or decommissioning of the infrastructure of the extension;

  (ii)   the contract was entered into between NBN Co and the listed Optus companies (see subsection   (7));

    subsection   (2) does not apply to the extension at that time.

  (5)   The regulations may provide that subsection   (2) does not apply to a specified extension of a telecommunications network.

Note:   For specification by class, see the Acts Interpretation Act 1901 .

  (6)   Subsections   (1) and (2) do not apply in determining the meaning of an expression used in:

  (a)   section   142C; or

  (b)   sections   151ZF, 151ZG and 151ZH, to the extent to which they relate to a line to which section   142C applies; or

  (c)   any other provision of this Part, so far as that provision relates to:

  (i)   section   142C; or

  (ii)   section   151ZF, 151ZG or 151ZH, to the extent to which that section relates to a line to which section   142C applies.

Listed Optus company

  (7)   For the purposes of this section, listed Optus company means:

  (a)   Optus Networks Pty Limited (ACN 008   570   330); or

  (b)   Optus Internet Pty Limited (ACN 083   164   532); or

  (c)   Optus Vision Pty Limited (ACN 066   518   821); or

  (d)   Optus Vision Media Pty Limited (ACN 070   870   647); or

  (e)   Optus Systems Pty Limited (ACN 056   541   167); or

  (f)   SingTel Optus Pty Limited (ACN 052   833   208).