Carrier Licence Conditions (Pivit Pty Ltd) Declaration 2013 (Cth)

Carrier Licence Conditions (Pivit Pty Ltd) Declaration 2013

made under subsection 63(2) of the

Telecommunications Act 1997

Compilation No. 1

Compilation date:    24 March 2018

Includes amendments up to:            F2018L00361

Registered:   10 May 2018

About this compilation

This compilation

This is a compilation of the Carrier Licence Conditions (Pivit Pty Ltd) Declaration 2013 that shows the text of the law as amended and in force on 24 March 2018 (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 Legislation Register ( 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 series page on the Legislation 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 series page on the Legislation 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If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.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

1............ Name of Declaration...................................................................................................... 1

3............ Definitions..................................................................................................................... 1

4............ Obligation to connect relevant premises....................................................................... 1

Schedule 1 – Specified Pivit Networks  2

ANNEXURE A  3

Endnotes6

Endnote 1—About the endnotes  6

Endnote 2—Abbreviation key  7

Endnote 3—Legislation history  8

Endnote 4—Amendment history  9

1  Name of Declaration

This declaration is the Carrier Licence Conditions (Pivit Pty Ltd) Declaration 2013.

3  Definitions

In this Declaration:

Act means the Telecommunications Act 1997.

development area means a real estate development specified in column 1 of the table at Schedule 1 to this Declaration that occupies the corresponding area of land depicted in the relevant map at Annexure A to Schedule 1 (refer to columns 2 and 3 of the table at Schedule 1 to this Declaration).

Licensee means Pivit Pty Ltd (ACN 109 578 752), as the company exists from time to time (even if its name is later changed).

relevant premises means premises that are:

(a)  occupied or used by an end-user; and

(b)  situated in a development area.

Specified Pivit Network means a telecommunications network:

(a)  that is owned by the Licensee; and

(b)  which is located in a development area; and

(c)  which uses fibre-to-the-premises architecture.

Note  The following expressions have the meaning given by the Act (see subsection 13(1) of the Legislative Instruments Act 2003):

§  carriage service

§  carriage service provider

§  telecommunications network

1. Obligation to connect relevant premises

(1) Upon reasonable request by an end-user at relevant premises, the Licensee must:

(a)  connect; or

(b)  arrange for another person on its behalf to connect;

the relevant premises to the Specified Pivit Network in order that a carriage service provider can provide carriage services to the end-user at the relevant premises.

(2) For the purposes of subclause (1), a request may be made directly by an end-user to the Licensee or by a carriage service provider to the Licensee on behalf of an end-user.

Schedule 1 – Specified Pivit Networks

(clauses 3 and 4)

Item number	Name and location of real estate development project	Area of project (map number)
2.	Elements Retirement Living Dennis Road, Springwood  QLD  4127	Map 2 at Annexure A
3.	Kelvin Grove Urban Village Kelvin Grove  QLD  4059	Map 3 at Annexure A
4.	Little Bay Estate Little Bay  NSW  2036	Map 4 at Annexure A

ANNEXURE A 

Map 2 – Elements Retirement Living, Springwood  QLD

Map 3 – Kelvin Grove Urban Village, Kelvin Grove  QLD

Map 4 – Little Bay Estate, Little Bay  NSW

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 the amendment to be made. If, despite the misdescription, the amendment can be given effect as intended, the amendment is incorporated into the compiled law and the abbreviation “(md)” added to the details of the amendment included in the amendment history.

If a misdescribed amendment cannot be given effect as intended, the abbreviation “(md not incorp)” is added to the details of the amendment included in the amendment history.

Endnote 2—Abbreviation key

ad = added or inserted	o = order(s)
am = amended	Ord = Ordinance
amdt = amendment	orig = original
c = clause(s)	par = paragraph(s)/subparagraph(s)
C[x] = Compilation No. x	/sub‑subparagraph(s)
Ch = Chapter(s)	pres = present
def = definition(s)	prev = previous
Dict = Dictionary	(prev…) = previously
disallowed = disallowed by Parliament	Pt = Part(s)
Div = Division(s)	r = regulation(s)/rule(s)
ed = editorial change	reloc = relocated
exp = expires/expired or ceases/ceased to have	renum = renumbered
effect	rep = repealed
F = Federal Register of Legislation	rs = repealed and substituted
gaz = gazette	s = section(s)/subsection(s)
LA = Legislation Act 2003	Sch = Schedule(s)
LIA = Legislative Instruments Act 2003	Sdiv = Subdivision(s)
(md) = misdescribed amendment can be given	SLI = Select Legislative Instrument
effect	SR = Statutory Rules
(md not incorp) = misdescribed amendment	Sub‑Ch = Sub‑Chapter(s)
cannot be given effect	SubPt = Subpart(s)
mod = modified/modification	underlining = whole or part not
No. = Number(s)	commenced or to be commenced

Endnote 3—Legislation history

Name	Registration	Commencement	Application, saving and transitional provisions
Carrier Licence Conditions (Pivit Pty Ltd) Declaration 2013	17 Oct 2013 (F2013L01809)	18 Oct 2013 (s 2)
Carrier Licence Conditions (Pivit Pty Ltd) Declaration 2013 (Amendment No. 1 of 2018)	23 Mar 2018 (F2018L00361)	24 Mar 2018 (s 2)	—

Endnote 4—Amendment history

Provision affected	How affected
s 2.............................................	rep LA s 48D
Schedule 1
Schedule 1................................	am F2018L00361
Annexure A..............................	am F2018L00361