Federal Register of Legislation - Australian Government

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Determinations/Other as made
This instrument specifies exceptions to statutory infrastructure provider (SIP) obligations for Telstra and Opticomm relating to the transfer of control of fibre-to-the-premises networks in 130 SIP service areas.
Administered by: Infrastructure, Transport, Regional Development, Communications and the Arts
Registered 22 Nov 2022
Tabling HistoryDate
Tabled HR23-Nov-2022
Tabled Senate24-Nov-2022
To be repealed 02 Jul 2025
Repealed by Self Repealing
Table of contents.

Commonwealth Coat of Arms of Australia

 

 

 

 

                                              

 

Telecommunications (Exceptions to Statutory Infrastructure Provider Obligations – Telstra and Opticomm Pty Ltd) Determination 2022

I, Michelle Rowland, Minister for Communications, make the following determination.

Dated   18 November 2022                             

Michelle Rowland

Minister for Communications

 

 

 


Contents

1  Name........................................................................................................................................ 2

2  Commencement........................................................................................................................ 2

3  Authority.................................................................................................................................. 2

4  Interpretation............................................................................................................................ 2

5  Exception to statutory infrastructure provider obligations........................................................ 3

6  Repeal....................................................................................................................................... 4

 

 


1  Name

                   This instrument is the Telecommunications (Exceptions to Statutory Infrastructure Provider Obligations – Telstra and Opticomm Pty Ltd) Determination 2022.   

2  Commencement

             (1)  Each provision of this instrument specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.

 

Commencement information

Column 1

Column 2

Column 3

Provisions

Commencement

Date/Details

1.  The whole of this instrument.

Immediately after the commencement of Telecommunications (Designated Service Area and Statutory Infrastructure Provider) Amendment Declaration (No. 5) 2022

 

Note:          This table relates only to the provisions of this instrument as originally made. It will not be amended to deal with any later amendments of this instrument.

             (2)  Any information in column 3 of the table is not part of this instrument. Information may be inserted in this column, or information in it may be edited, in any published version of this instrument.

3  Authority

                   This instrument is made under subsections 360P(3) and 360Q(4) of the Telecommunications Act 1997.

4  Interpretation

Note:          A number of expressions used in this instrument are defined in the Act, including the following:

(a)      carriage service provider (section 7);

(b)      designated service area (section 360A);

(c)      statutory infrastructure provider (section 360A).

             (1) In this instrument:                                                                      

Act means the Telecommunications Act 1997.

Opticomm Pty Ltd means Opticomm Pty Ltd (ACN 117 414 776), as the company exists from time to time (even its name is later changed).

Premises Transition Date means in respect of a premises in a designated service area specified in column 1 of Schedule 16A of the Telecommunications (Designated Service Area and Statutory Infrastructure Provider) Declaration (No. 1) 2020, either (as applicable):

(a)    the day on which Telstra has disconnected all Telstra-Equipped Services supplied to the premises; or

(b)   if the premises were not supplied with Telstra-Equipped Services – the date published on Telstra and Opticomm Pty Ltd’s respective websites after which Telstra-Equipped Services are not to be supplied in accordance with an executed agreement between Telstra and Opticomm Pty Ltd.

Telstra means either of the following:

(a)    Telstra Corporation Limited; or 

(b)   Telstra Limited. 

Telstra Corporation Limited means Telstra Corporation Limited (ACN 051 775 556), as the company exists from time to time (even if its name is later changed).

Telstra Limited means Telstra Limited (ACN 086 174 781), as the company exists from time to time (even if its name is later changed).

Telstra-Equipped Services has the same meaning as in the Telecommunications (Designated Service Area and Statutory Infrastructure Provider) Declaration (No.1) 2020.

Transition Period has the same meaning as in the Telecommunications (Designated Service Area and Statutory Infrastructure Provider) Declaration (No.1) 2020.

                   Transition End Date has the same meaning as in the Telecommunications (Designated Service Area and Statutory Infrastructure Provider) Declaration (No. 1) 2020.

(2)  For the purposes of the definition of ‘Telstra’ at subsection 4(1), Telstra will only mean Telstra Limited if Schedules 2 and 3 of the Telstra Corporation and Other Legislation Amendment Act 2021 commence – in all other circumstances, Telstra means Telstra Corporation Limited.

5  Exception to statutory infrastructure provider obligations                                    

(1)   For the purposes of subsections 360P(3) and 360Q(4) of the Act, the following is a circumstance where an obligation does not arise in respect of Opticomm Pty Ltd:

(a)    a request by a carriage service provider on behalf of an end user at a premises is made to Opticomm Pty Ltd during the Transition Period; and

(b)   the request was made prior to the Premises Transition Date of the premises specified in the request.

(2)   For the purposes of subsections 360P(3) and 360Q(4) of the Act, the following is a circumstance where an obligation does not arise in respect of Telstra:

(a)    a request by a carriage service provider on behalf of an end user at a premises is made to Telstra during the Transition Period; and

(b)   the request was made on or after the Premises Transition Date of the premises specified in the request.

(3)   Subsections (1) and (2) only have effect:

(a)    if Telstra and Opticomm Pty Ltd execute an agreement on the operational measures to enable Telstra or Opticomm Ltd, as relevant, to comply with a request by a carriage service provider under subsection 360P(1) and subsection 360Q(1) of the Act (the agreement) as soon as practicable but no later than 55 business days after the commencement of this Determination;

(b)   Telstra and Opticomm Pty Ltd make available details of the operational measures agreed to in (a) on their respective websites as soon as practicable but no later than 65 business days after the commencement of this Determination;

(c)    the agreement remains in force during the Transition Period; and

(d)   the details of the operational measures remain on Telstra and Opticomm Pty Ltd’s respective websites during the Transition Period.

(4)   For the purposes of subsection 5(2), a request includes a notional request by Telstra to itself.

6  Repeal 

                   This instrument is repealed on the day after 1 July 2025.