NATIONAL BROADBAND NETWORK COMPANIES ACT 2011 - NOTES

NATIONAL BROADBAND NETWORK COMPANIES ACT 2011 - NOTES

No. 22, 2011

Compilation No. 8

Compilation date: 20 October 2023

Includes amendments up to: Act No. 76, 2023

Registered: 10 November 2023

About this compilation

This compilation

This is a compilation of the National Broadband Network Companies Act 2011 that shows the text of the law as amended and in force on 20 October 2023 (the compilation date).

The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.

Uncommenced amendments

The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the Register for the compiled law.

Application, saving and transitional provisions for provisions and amendments

If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.

Editorial changes

For more information about any editorial changes made in this compilation, see the endnotes.

Modifications

If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the Register for the compiled law.

Self-repealing provisions

If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.

Contents

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

Schedule 1--NBN corporations

1 NBN corporations

2 Control of a company

3 Associate

Schedule 2--Parliamentary Joint Committee on the Ownership of NBN Co

1 Parliamentary Joint Committee on the Ownership of NBN Co

2 Powers and proceedings of the Parliamentary Joint Committee

3 Duties of the Parliamentary Joint Committee

4 Winding up of the Parliamentary Joint Committee

Endnotes

Endnote 1--About the endnotes

Endnote 2--Abbreviation key

Endnote 3--Legislation history

Endnote 4--Amendment history

Endnotes

Endnote 1--About the endnotes

The endnotes provide information about this compilation and the compiled law.

The following endnotes are included in every compilation:

Endnote 1--About the endnotes

Endnote 2--Abbreviation key

Endnote 3--Legislation history

Endnote 4--Amendment history

Abbreviation key--Endnote 2

The abbreviation key sets out abbreviations that may be used in the endnotes.

Legislation history and amendment history--Endnotes 3 and 4

Amending laws are annotated in the legislation history and amendment history.

The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.

The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.

Editorial changes

The Legislation Act 2003 authorises First Parliamentary Counsel to make editorial and presentational changes to a compiled law in preparing a compilation of the law for registration. The changes must not change the effect of the law. Editorial changes take effect from the compilation registration date.

If the compilation includes editorial changes, the endnotes include a brief outline of the changes in general terms. Full details of any changes can be obtained from the Office of Parliamentary Counsel.

Misdescribed amendments

A misdescribed amendment is an amendment that does not accurately describe how an amendment is to be made. If, despite the misdescription, the amendment can be given effect as intended, then the misdescribed amendment can be incorporated through an editorial change made under section  15V of the Legislation Act 2003.

If a misdescribed amendment cannot be given effect as intended, the amendment is not incorporated and "(md not incorp)" is added to the amendment history.

Endnote 2--Abbreviation key

Endnote 3--Legislation history

Endnote 4--Amendment history