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COMPETITION AND CONSUMER ACT 2010 - SECT 152AGA

Designated superfast telecommunications network

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

                     (a)  a telecommunications network is used, or is proposed to be used, to supply one or more Layer 2 bitstream services wholly or principally to residential or small business customers, or prospective residential or small business customers, in Australia; and

                     (b)  the network is used, or is proposed to be used, to supply a superfast carriage service wholly or principally to residential or small business customers, or prospective residential or small business customers, in Australia; and

                     (c)  the network is not the national broadband network; and

                     (d)  either:

                              (i)  the network came into existence on or after 1 January 2011; or

                             (ii)  the network was altered or upgraded on or after 1 January 2011 and, as a result of the alteration or upgrade, the network became capable of being used to supply a superfast carriage service to residential or small business customers, or prospective residential or small business customers, in Australia;

the network is a designated superfast telecommunications network .

             (2)  A network is not a designated superfast telecommunications network for the purposes of this Part if, under subsection 141A(1) of the Telecommunications Act 1997 , the network is exempt from section 141 of that Act.

Note:          Section 141 of the Telecommunications Act 1997 deals with the supply of Layer 2 bitstream services.

Deemed networks

             (3)  For the purposes of this section, if:

                     (a)  a telecommunications network is altered or upgraded on or after 1 January 2011; 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 or small business customers, or prospective residential or small business 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.

             (4)  For the purposes of this section, if:

                     (a)  a telecommunications network is extended on or after 1 January 2011; and

                     (b)  the extended part of the network is capable of being used to supply a superfast carriage service to residential or small business customers, or prospective residential or small business 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.

             (5)  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)  the network is extended to another area that is being, or is to be, developed as another stage of the project;

subsection (4) does not apply to the extension.

             (6)  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;

subsection (4) does not apply to the extension.

             (7)  The regulations may provide that subsection (4) does not apply to a specified extension of a telecommunications network.

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

Certain installations and connections are not taken to be an extension, alteration or upgrade

             (8)  For the purposes of this section, if:

                     (a)  a line is or was installed for the purposes of connecting particular premises to a telecommunications network; and

                     (b)  the installation of the line enables or enabled the occupier of the premises to become a customer in relation to carriage services supplied using the network; and

                     (c)  the premises are in close proximity to a line that forms part of the infrastructure of the network; and

                     (d)  the network is capable of being used to supply a superfast carriage service; and

                     (e)  the network came into existence before 1 January 2011;

neither the installation of the line mentioned in paragraph (a), nor the connection of the premises, is taken to be an extension, alteration or upgrade of the network.

Small business customer

             (9)  For the purposes of this section, small business customer means:

                     (a)  a customer who is a small business employer (within the meaning of the Fair Work Act 2009 ); or

                     (b)  a customer who:

                              (i)  carries on a business; and

                             (ii)  does not have any employees.

For the purposes of paragraph (a), it is to be assumed that each reference in section 23 of the Fair Work Act 2009 to a national system employer were a reference to an employer (within the ordinary meaning of that expression).

Alteration

           (10)  For the purposes of this section, an alteration of a telecommunications network does not include an extension of the network.

Upgrade

           (11)  For the purposes of this section, an upgrade of a telecommunications network does not include an extension of the network.



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