Commonwealth Coat of Arms of Australia

 

Telecommunications Code of Practice (Installation Certificate Waivers) Amendment Instrument 2025

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

Dated 28-02-2025

Michelle Rowland

Minister for Communications

 

1  Name

2  Commencement

3  Authority

4  Schedules

Schedule 1—Amendments

 

 

  This instrument is the Telecommunications Code of Practice (Installation Certificate Waivers) Amendment Instrument 2025.

  This instrument commences on the day after it is registered.

  This instrument is made under subclause 15(1) of Schedule 3 to the Telecommunications Act 1997.

  Each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.

Telecommunications Code of Practice 2021

1  Subsection 1A.7(3)

Repeal the subsection, substitute:

  Waiver

 (3) Paragraph 1(a) does not apply if:

 (a) the owner is party to an agreement with the carrier that includes a separate engineering assurance process for the installation of the facility; and

 (b)  the owner has agreed with the carrier to waive the requirements of paragraph (1)(a).

 (4) Paragraph 1(b) does not apply if:

 (a) the occupier is party to an agreement with the carrier that includes a separate engineering assurance process for the installation of the facility; and

 (b)  the occupier has agreed with the carrier to waive the requirements of paragraph (1)(b).

 (5) Subsection (1) does not apply if:

 (a) the owner is a party to an agreement with the occupier that allows one party, or both parties, to waive the requirements of subsection (1); and

 (b) either the owner or the occupier is a party to an agreement with the carrier that includes a separate engineering assurance process for the installation of the facility; and

 (c)  the waiving party has agreed with the carrier to waive the requirements of subsection (1).