Commonwealth Coat of Arms of Australia

 

Telecommunications (Nominated Service Area and Statutory Infrastructure Provider) Declaration 2020

I, PAUL FLETCHER, Minister for Communications, Cyber Safety and the Arts, make the following declaration.

Dated 20 September 2020    

PAUL FLETCHER

Minister for Communications, Cyber Safety and the Arts

 

 

 

1  Name

  This instrument is the Telecommunications (Nominated Service Area and Statutory Infrastructure Provider) Declaration 2020.

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

The day after this instrument is registered

 

Note: This table relates only to the provisions of this instrument as originally made.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 subsection 360K(4) of the Telecommunications Act 1997.

4  Definitions

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

(a) nominated service area;

(b) statutory infrastructure provider;

  In this instrument:

Act means the Telecommunications Act 1997.

5 Nominated service areas and statutory infrastructure providers

  For the purposes of subsection 360K(4) of the Act:

 (a) subsection 360K(3) of the Act does not apply to each nominated service area specified in column 1 of the table in this section; and

 (b) the carrier specified in column 2 of that table is the statutory infrastructure provider for the nominated service area specified in column 1 for that item.

Note: Section 360J and subsection 360K(3) of the Act together provide that if, immediately before the commencement of that section, a carrier licence held by a carrier was subject to certain declarations in relation to a development area (within the meaning of those declarations), the development area is a nominated service area, and the carrier is the statutory infrastructure provider for the nominated service area. Subsection 360K(4) of the Act provides for the Minister to declare that a different specified carrier is the statutory infrastructure provider for the nominated service area.

Nominated service areas and statutory infrastructure providers for the purposes of subsection 360K(4)

Item

Column 1

Nominated service area to which subsection 360K(3) does not apply

Column 2

Carrier that is the statutory infrastructure provider for the nominated service area

1

Elements Retirement Living

Dennis Road,

Springwood  QLD  4127

LBN Co Pty Ltd

2

Kelvin Grove Urban Village

Kelvin Grove  QLD  4059

LBN Co Pty Ltd

3

Little Bay Estate

Little Bay  NSW  2036

LBN Co Pty Ltd

4

‘Forte’ residential apartment complex

807 – 811 Bourke Street

Docklands  Victoria  3008

OptiComm Ltd

5

‘EXO’ residential apartment complex

55 Merchant Street

Docklands  Victoria  3008

OptiComm Ltd

6

‘Serrata’ residential apartment complex

815 Bourke Street

Docklands  Victoria  3008

OptiComm Ltd

7

Convesso’ residential apartment complex

8 Waterside Place

Docklands  Victoria  3008

OptiComm Ltd

8

‘Concavo’ residential apartment complex

9 Waterside Place

Docklands  Victoria  3008

OptiComm Ltd

 

Note: The nominated service areas in items 1 to 3 of the table in this section correspond to the development areas of the same name specified in Schedule 1 to Carrier Licence Conditions (Pivit Pty Ltd) Declaration 2013 as in force immediately before the commencement of section 360J of the Act, which could, at the time this instrument was made, be found at https://www.legislation.gov.au/Details/F2018C00307.

 The nominated service areas in items 4 to 8 of the table in this section correspond to development areas of the same name specified in Carrier Licence Conditions (NT Technology Services Pty Ltd) Declaration 2014 as in force immediately before the commencement of section 360J of the Act, which could, at the time this instrument was made, be found at https://www.legislation.gov.au/Details/F2014L00490.

 The geographic area of each nominated service area is the area specified for the corresponding development area in the relevant carrier licence condition declaration.