NATIONAL BROADBAND NETWORK COMPANIES ACT 2011
Table of Provisions
PART 1--PRELIMINARY
- 1 Short title
- 2 Commencement
- 3 Objects
- 4 Simplified outline
- 5 Definitions
- 6 Crown to be bound
- 7 Extension to external Territories
PART 2--OPERATIONS--OF NBN CORPORATIONS
Division 1--Simplified outline
- 8 Simplified outline
Division 2--Rules about operations of NBN corporations
Subdivision A--Supply of eligible services to be on wholesale basis- 9 Supply of eligible services to be on wholesale basis
- 10 Exemption--transport authorities
- 11 Exemption--electricity supply bodies
- 12 Exemption--gas supply bodies
- 13 Exemption--water supply bodies
- 14 Exemption--sewerage services bodies
- 15 Exemption--storm water drainage services bodies
- 16 Exemption--State or Territory road authorities Subdivision B--Supply of other goods and services
- 17 Content services not to be supplied
- 18 Non - communications services not to be supplied
- 19 Non - communications goods not to be supplied Subdivision BA--Access to a telecommunications transmission tower owned or operated by an NBN corporation etc.
- 19A Access to a telecommunications transmission tower
- 19B Access to the site of a telecommunications transmission tower
- 19C Reasonableness--Ministerial determinations
- 19D Publication of access terms and conditions--towers
- 19E Publication of access terms and conditions--sites
- 19F Terms and conditions of access to be on a non - discriminatory basis
- 19G Equipment
- 19H Eligible person
- 19J Site
- 19K Goods Subdivision C--Investment activities
- 20 Restriction of investment activities Subdivision D--Transitional
- 21 Transitional--pre - commencement contractual obligations
- 22 Transitional--pre - acquisition contractual obligations
Division 3--Functional separation of NBN corporations
- 23 Contents of draft or final functional separation undertaking
- 24 Functional separation principles
- 25 Functional separation requirements determination
- 26 Draft functional separation undertaking to be given to the Communications Minister and the Finance Minister
- 27 Approval of draft functional separation undertaking by the Communications Minister and the Finance Minister
- 28 Time limit for making an approval decision
- 29 Effect of approval
- 30 Variation of final functional separation undertaking
- 31 Publication of final functional separation undertaking
- 32 Compliance with final functional separation undertaking
Division 4--Divestiture of assets by NBN corporations
- 33 Directions about disposal of assets
- 34 Directions about transfer of assets to another NBN corporation
- 35 Advice from ACCC about disposal or transfer directions
- 36 Exemption from stamp duty--transfer in compliance with transfer direction
Division 5--Carrier licence conditions etc.
- 37 Carrier licence condition
- 38 Service provider rule
- 39 Power to declare carrier licence conditions not limited
- 40 Power to determine service provider rules not limited
Division 6--Special carrier licence conditions
- 41 Conditions about supply of carriage services by NBN corporations
- 42 Consultation with ACCC
PART 3--OWNERSHIP--AND CONTROL OF NBN CO
Division 1--Simplified outline
- 43 Simplified outline
Division 2--Commonwealth ownership and control of NBN Co
Subdivision A--Commonwealth ownership provisions- 44 Commonwealth ownership provisions
- 45 Commonwealth to retain ownership of NBN Co
- 46 Compliance by NBN Co Subdivision B--Termination of Commonwealth ownership provisions
- 47 Object of this Subdivision
- 48 Declaration by Communications Minister--whether national broadband network should be treated as built and fully operational
- 49 Productivity Commission inquiry
- 50 Declaration by Finance Minister--whether conditions suitable for an NBN Co sale scheme
- 51 Termination of Commonwealth ownership provisions Subdivision C--Sale by the Commonwealth of its shares in NBN Co
- 52 Simplified outline
- 53 When NBN Co sale scheme may be entered into and carried out
- 54 NBN Co sale scheme
- 55 Sale - scheme hybrid securities
- 56 Exemption from stamp duty--transfer by the Commonwealth of its shares in NBN Co etc.
- 57 Authorisation of borrowing--issue of sale - scheme hybrid securities
- 58 Appropriation--costs incurred in connection with an NBN Co sale scheme
- 59 Assistance given by NBN Co or the Board in connection with an NBN Co sale scheme
- 60 Giving of assistance--ancillary provisions
- 61 Reimbursement of expenses incurred in giving assistance
- 62 Commonwealth to be bound by Chapters 6CA, 6D and 7 of the Corporations Act 2001
- 63 Reduction of NBN Co's share capital
- 64 Alterations of NBN Co's constitution--notice to debenture holders
- 65 Alteration of NBN Co's constitution--Ministerial instrument
- 66 Use by the Commonwealth of information obtained from NBN Co or the Board
- 67 Agreements relating to the protection of information obtained from NBN Co or the Board
- 68 NBN Co's obligations to disclose information
Division 3--Private ownership and control of NBN Co
- 69 Unacceptable private ownership or control situation
- 70 Prohibition of unacceptable private ownership or control situation
- 71 Remedial orders
- 72 Record - keeping and giving of information
- 73 Validity of acts done in contravention of this Division
- 74 Acquisition of property
Division 4--General provisions
- 75 Interest in a share
- 76 Extra - territorial application
PART 4--NBN--CO'S REPORTING OBLIGATIONS
- 77 Simplified outline
- 78 Application of this Part
- 79 Financial statements
- 80 Communications Minister and the Finance Minister to be notified of significant events
- 81 Keeping the Communications Minister and the Finance Minister informed
- 82 Corporate plan for NBN Co
- 83 Consequences of contraventions of this Part
- 84 This Part has effect despite the Corporations Act 2001 etc.
- 85 When this Part ceases to have effect
PART 5--ANTI---AVOIDANCE
- 86 Anti - avoidance
PART 6--INJUNCTIONS
- 87 Simplified outline
- 88 Injunctions
- 89 Interim injunctions
- 90 Discharge etc. of injunctions
- 91 Certain limits on granting injunctions not to apply
- 92 Other powers of the Federal Court unaffected
PART 7--MISCELLANEOUS
- 93 Severability
- 94 Promotion of the long - term interests of end - users of carriage services and of services supplied by means of carriage services
- 95 NBN Co is not a public authority
- 96 Public Works Committee Act
- 97 Winding - up of NBN corporation not prevented by this Act
- 98 Rights of NBN corporation's shareholders, debenture holders and creditors to be subject to this Act
- 98A Exemption from stamp duty--matters related to the creation, development or operation of the national broadband network
- 98B Mapping data
- 99 Delegation
- 100 Compensation for acquisition of property
- 101 Regulations