Carrier Licence Conditions (OptiComm Co Pty Ltd) Declaration 2013
made under subsection 63(2) of the
Telecommunications Act 1997
Compilation No. 1
Compilation date: 27 March 2018
Includes amendments up to: F2018L00383
Registered: 28 March 2018
About this compilation
This compilation
This is a compilation of the Carrier Licence Conditions (OptiComm Co Pty Ltd) Declaration 2013 that shows the text of the law as amended and in force on 27 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 (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 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If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.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
3 Definitions
4 Obligation to connect relevant premises
Schedule 1 – Specified OptiComm Networks
Endnotes
Endnote 1—About the endnotes
Endnote 2—Abbreviation key
Endnote 3—Legislation history
Endnote 4—Amendment history
1 Name of Declaration
This Declaration is the Carrier Licence Conditions (OptiComm Co 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 OptiComm Co Pty Ltd (ACN 117 414 776), 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 OptiComm 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
4 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 OptiComm 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 OptiComm Networks
(clauses 3 and 4)
Item number | Name and location of real estate development project | Area of project (map number) |
1. | Alamanda Estate Point Cook VIC 3030 | Map 1 at Annexure A |
2. | Anglicare Chesalon Retirement Village Oran Park NSW 2570 | Map 2 at Annexure A |
3. | Blakes Crossing Estate North Adelaide SA 5006 | Map 3 at Annexure A |
4. | Camden Hills Business Park Camden NSW 2570 | Map 4 at Annexure A |
5. | Gregory Hills Estate Gregory Hills NSW 2557 | Map 5 at Annexure A |
6. | Fernbrooke Estate Redbank Plains QLD 4301 | Map 6 at Annexure A |
7. | Grandvue Estate Officer VIC 3809 | Map 7 at Annexure A |
8. | Jackson’s View Estate Drouin VIC 3818 | Map 8 at Annexure A |
9. | Lightsview Estate Northgate Adelaide SA 5085 | Map 9 at Annexure A |
10. | Lochiel Park Estate | Map 10 at Annexure A |
11. | Macarthur Gardens Retirement Village Campbelltown NSW 2560 | Map 11 at Annexure A |
12. | Mandalay Estate Beveridge VIC 3753 | Map 12 at Annexure A |
13. | Oran Park Town Development Oran Park NSW 2570 | Map 13 at Annexure A |
14. | Panorama Estate Glenfield NSW 2167 | Map 14 at Annexure A |
15 | Parkbridge Estate Middleton Grange NSW 2171 | Map 15 at Annexure A |
16 | Springfield Lakes Estate Springfield Lakes QLD 4300 | Map 16 at Annexure A |
17. | Trinity Estate Alkimos, North Perth WA 6038 | Map 17 at Annexure A |
18. | University Hill and Chancellor Estates Bundoora VIC 3051 | Map 18 at Annexure A |
19. | Waterford County Estate East Maitland NSW 2323 | Map 19 at Annexure A |
20. | Vista Estate Glenfield NSW 2167 | Map 20 at Annexure A |
21. | Brighton Estate | Map 21 at Annexure A |
22. | Hamilton Harbour Estate | Map 22 at Annexure A |
23. | Evergeen Links Estate Eaglehawk VIC 3556 | Map 23 at Annexure A |
24. | Evergreen Waters Estate Jackass Flat VIC 3556 | Map 24 at Annexure A |
25. | Casiana Estate Cranbourne West VIC 3977 | Map 25 at Annexure A |
Map 1 – Alamanda Estate, VIC
Map 2 – Anglicare Chesalon Retirement Village, NSW
Map 3 – Blakes Crossing Estate, SA
Map 4 – Camden Hills Business Park, NSW
Map 5 – Gregory Hills Estate, NSW
Map 6 – Fernbrooke Estate, QLD
Map 7 – Grandvue Estate, VIC
Map 8 – Jackson’s View Estate, VIC
Map 9 – Lightsview Estate, SA
Map 10 – Lochiel Park Estate, SA
Map 11 – Macarthur Gardens Retirement Village, NSW
Map 12 – Mandalay Estate, VIC
Map 13 – Oran Park Town Development, NSW
Map 14 – Panorama Estate, NSW
Map 15 – Parkbridge Estate, NSW
Map 16 – Springfield Lakes, QLD
Map 17 – Trinity Estate, WA
Map 18 – University Hill and Chancellor Estates, VIC
Map 19 – Waterford County Estate, NSW
Map 20 – Vista Estate, NSW
Map 21 – Brighton Estate, WA
Map 22 – Hamilton Harbour Estate, QLD
Map 23 – Evergreen Links Estate, VIC
Map 24 – Evergreen Waters Estate, VIC
Map 25 – Casiana Estate, VIC
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 (OptiComm Co Pty Ltd) Declaration 2013 | 18 Oct 2013 (F2013L01810) | 19 Oct 2013 (s 2) |
|
Carrier Licence Conditions (OptiComm Co Pty Ltd) Declaration 2013 (Amendment No. 1 of 2018) | 26 Mar 2018 (F2018L00383) | 27 Mar 2018 (s 2) | — |
Endnote 4—Amendment history
Provision affected | How affected |
s 2..................... | rep LA s 48D |
Schedule 1 |
|
Annexure A............... | am F2018L00383 |