Telecommunications Amendment (Infrastructure in New Developments) Act 2021

Administered by Department of Infrastructure, Transport, Regional Development, Communications, Sport and the Arts

Legislation au C2021A00007 In force Act

Legislation content

 

 

 

 

 

 

Telecommunications Amendment (Infrastructure in New Developments) Act 2021

 

No. 7, 2021

 

 

 

 

 

An Act to amend the Telecommunications Act 1997, and for related purposes

 

 

Contents

1 Short title

2 Commencement

3 Schedules

Schedule 1—Amendments

Part 1—General amendments

Telecommunications Act 1997

Part 2—Application and transitional provisions

Part 3—Technical correction

Telecommunications Act 1997

 

 

 

Telecommunications Amendment (Infrastructure in New Developments) Act 2021

No. 7, 2021

 

 

 

An Act to amend the Telecommunications Act 1997, and for related purposes

[Assented to 16 February 2021]

The Parliament of Australia enacts:

1  Short title

  This Act is the Telecommunications Amendment (Infrastructure in New Developments) Act 2021.

2  Commencement

 (1) Each provision of this Act 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 Act

The day after this Act receives the Royal Assent.

17 February 2021

Note: This table relates only to the provisions of this Act as originally enacted.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

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

3  Schedules

  Legislation that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.

Schedule 1—Amendments

Part 1—General amendments

Telecommunications Act 1997

1  Section 7 (definition of fibre‑ready facility)

Omit “section 372W”, substitute “subsection 372W(1)”.

2  Section 7

Insert:

functional fibre‑ready facility has the meaning given by subsection 372W(2).

3  Section 372A

Omit:

• If the developer of a real estate development project is a constitutional corporation, the developer must not, in the course of carrying out the project, sell or lease a building lot or building unit unless a fibre‑ready facility is installed in proximity to the lot or unit.

substitute:

• If the developer of a real estate development project is a constitutional corporation, the developer must not, in the course of carrying out the project, sell or lease a building lot or building unit unless a functional fibre‑ready facility is installed in proximity to the lot or unit.

• If the developer of a real estate development project in a Territory is not a constitutional corporation, the developer must not, in the course of carrying out the project, sell or lease a building lot or building unit unless a functional fibre‑ready facility is installed in proximity to the lot or unit.

• If the developer of a real estate development project in a State is not a constitutional corporation, the developer must not, in the course of carrying out the project, sell or lease a building lot or building unit unless a functional fibre‑ready facility is installed in proximity to the lot or unit.

4  Subsections 372G(2) and (4)

Repeal the subsections, substitute:

Requirements—building lots

 (2) If subparagraph (1)(b)(i) applies to a building lot, a constitutional corporation must not, in the course of carrying out, or carrying out an element of, the project, sell or lease the lot unless a functional fibre‑ready facility is installed in proximity to the lot.

Note 1: For functional fibre‑ready facility, see section 372W.

Note 2: For proximity, see section 372Y.

Note 3: For exemptions, see section 372K.

 (2A) If:

 (a) subparagraph (1)(b)(i) applies to a building lot; and

 (b) the lot is in a Territory;

a person (other than a constitutional corporation) must not, in the course of carrying out, or carrying out an element of, the project, sell or lease the lot unless a functional fibre‑ready facility is installed in proximity to the lot.

Note 1: For functional fibre‑ready facility, see section 372W.

Note 2: For proximity, see section 372Y.

Note 3: For exemptions, see section 372K.

 (3) If:

 (a) subparagraph (1)(b)(i) applies to a building lot; and

 (b) the lot is in a State;

a person (other than a constitutional corporation) must not, in the course of carrying out, or carrying out an element of, the project, sell or lease the lot unless a functional fibre‑ready facility is installed in proximity to the lot.

Note 1: For functional fibre‑ready facility, see section 372W.

Note 2: For proximity, see section 372Y.

Note 3: For exemptions, see section 372K.

Requirements—building units

 (4) If subparagraph (1)(b)(ii) applies to a building unit, a constitutional corporation must not, in the course of carrying out, or carrying out an element of, the project, sell or lease the unit unless a functional fibre‑ready facility is installed in proximity to the unit.

Note 1: For functional fibre‑ready facility, see section 372W.

Note 2: For proximity, see section 372Y.

Note 3: For exemptions, see section 372K.

 (4A) If:

 (a) subparagraph (1)(b)(ii) applies to a building unit; and

 (b) the unit is in a Territory;

a person (other than a constitutional corporation) must not, in the course of carrying out, or carrying out an element of, the project, sell or lease the unit unless a functional fibre‑ready facility is installed in proximity to the unit.

Note 1: For functional fibre‑ready facility, see section 372W.

Note 2: For proximity, see section 372Y.

Note 3: For exemptions, see section 372K.

 (5) If:

 (a) subparagraph (1)(b)(ii) applies to a building unit; and

 (b) the unit is in a State;

a person (other than a constitutional corporation) must not, in the course of carrying out, or carrying out an element of, the project, sell or lease the unit unless a functional fibre‑ready facility is installed in proximity to the unit.

Note 1: For functional fibre‑ready facility, see section 372W.

Note 2: For proximity, see section 372Y.

Note 3: For exemptions, see section 372K.

5  Subsection 372G(6)

Omit “subsection (2) or (4)” (wherever occurring), substitute “subsection (2), (2A), (3), (4), (4A) or (5)”.

6  Subsection 372G(7)

Omit “Subsections (2), (4) and (6)”, substitute “Subsections (2), (2A), (3), (4), (4A), (5) and (6)”.

7  Subsection 372G(8)

Omit “subsection (2) or (4)”, substitute “subsection (2), (2A), (3), (4), (4A) or (5)”.

8  Subsection 372H(2)

Repeal the subsection, substitute:

Requirements

 (2) A constitutional corporation must not, in the course of carrying out, or carrying out an element of, the project, sell or lease such a building unit unless a functional fibre‑ready facility is installed in proximity to the unit.

Note 1: For functional fibre‑ready facility, see section 372W.

Note 2: For proximity, see section 372Y.

Note 3: For exemptions, see section 372K.

 (3) If such a building unit is in a Territory, a person (other than a constitutional corporation) must not, in the course of carrying out, or carrying out an element of, the project, sell or lease the unit unless a functional fibre‑ready facility is installed in proximity to the unit.

Note 1: For functional fibre‑ready facility, see section 372W.

Note 2: For proximity, see section 372Y.

Note 3: For exemptions, see section 372K.

 (3A) If such a building unit is in a State, a person (other than a constitutional corporation) must not, in the course of carrying out, or carrying out an element of, the project, sell or lease the unit unless a functional fibre‑ready facility is installed in proximity to the unit.

Note 1: For functional fibre‑ready facility, see section 372W.

Note 2: For proximity, see section 372Y.

Note 3: For exemptions, see section 372K.

9  Subsection 372H(4)

Omit “subsection (2)” (wherever occurring), substitute “subsection (2), (3) or (3A)”.

10  Subsection 372H(5)

Omit “Subsections (2) and (4)”, substitute “Subsections (2), (3), (3A) and (4)”.

11  Subsection 372H(6)

Omit “subsection (2)”, substitute “subsection (2), (3) or (3A)”.

12  At the end of Subdivision B of Division 3 of Part 20A

Add:

372J  Acquisition of property

  This Subdivision does not apply to the extent that the operation of the Subdivision would result in an acquisition of property (within the meaning of paragraph 51(xxxi) of the Constitution) from a person otherwise than on just terms (within the meaning of that paragraph).

13  Subsection 372K(5)

Omit “from the scope of subsection 372G(2).”, substitute:

from the scope of any or all of the following provisions:

 (c) subsection 372G(2);

 (d) subsection 372G(2A);

 (e) subsection 372G(3).

14  Subsection 372K(7)

Omit “either or both”, substitute “any or all”.

15  After paragraph 372K(7)(c)

Insert:

 (ca) subsection 372G(4A);

 (cb) subsection 372G(5);

16  After paragraph 372K(7)(d)

Insert:

 ; (e) subsection 372H(3);

 (f) subsection 372H(3A).

17  Section 372W

Before “For”, insert “(1)”.

18  At the end of section 372W

Add:

 (2) For the purposes of this Act, a functional fibre‑ready facility is a fibre‑ready facility that is technically capable of being used in connection with an optical fibre line.

 (3) For the purposes of subsection (2), in determining whether a fibre‑ready facility is technically capable of being used in connection with an optical fibre line, regard must be had to applicable industry codes registered, or applicable industry standards determined, under Part 6 (if any).

Part 2—Application and transitional provisions

19  Application—sale or lease of building lots or building units

 Sections 372G and 372H of the Telecommunications Act 1997, as amended by this Schedule, apply in relation to a real estate development project any element of which is carried out after the commencement of this item unless, before that commencement:

 (a) a person who carries out, or carries out an element of, the project began to install fixed‑line facilities in the project area, or any of the project areas, for the project; or

 (b) a person who carries out, or carries out an element of, the project entered into a contract with another person for the installation of fixed‑line facilities in the project area, or any of the project areas, for the project; or

 (c) civil works associated with the project began to be carried out; or

 (d) a person who carries out, or carries out an element of, the project entered into a contract with another person for the carrying out of civil works associated with the project.

20  Transitional—constitutional corporations

(1) This item applies in relation to a real estate development project if, before the commencement of this item:

 (a) a person who carries out, or carries out an element of, the project began to install fixed‑line facilities in the project area, or any of the project areas, for the project; or

 (b) a person who carries out, or carries out an element of, the project entered into a contract with another person for the installation of fixed‑line facilities in the project area, or any of the project areas, for the project; or

 (c) civil works associated with the project began to be carried out; or

 (d) a person who carries out, or carries out an element of, the project entered into a contract with another person for the carrying out of civil works associated with the project.

(2) Despite the amendments of sections 372G and 372H of the Telecommunications Act 1997 made by this Schedule, those sections continue to apply in relation to the real estate development project as if the amendments had not been made.

Part 3—Technical correction

Telecommunications Act 1997

21  Paragraph 372G(1)(d)

Omit “is” (first occurring), substitute “if”.

 

 

 

 

[Minister’s second reading speech made in—

House of Representatives on 3 December 2020

Senate on 4 February 2021]

 

(157/20)

 

Overview

The Telecommunications Amendment (Infrastructure in New Developments) Act 2021 was enacted by the Parliament of Australia on 16 February 2021, to address the gap in ensuring that new real estate developments incorporate telecommunications infrastructure capable of supporting high-speed internet. The Act amends the Telecommunications Act 1997 to require developers of real estate projects to install functional fibre-ready facilities in proximity to building lots and units before selling or leasing them. This legislative change aims to ensure that new housing and commercial developments are equipped with the necessary infrastructure to support future telecommunications needs, thereby facilitating better connectivity for residents and businesses. The policy objective of the Act is to mandate the installation of adequate telecommunications infrastructure in new developments, ensuring that these areas are prepared for the deployment of advanced communication services. By specifying the requirements for functional fibre-ready facilities and applying these mandates to both constitutional corporations and other developers, the Act seeks to promote a more robust and future-proof telecommunications network across Australia.

Scope and Application

The Telecommunications Amendment (Infrastructure in New Developments) Act 2021 amends the Telecommunications Act 1997 to introduce mandatory requirements for the installation of functional fibre-ready facilities in proximity to building lots and units in real estate development projects. This Act applies to constitutional corporations and other developers undertaking real estate projects across Australia, including states and territories, and mandates that they must not sell or lease building lots or units unless a functional fibre-ready facility is installed in proximity to the lots or units. The Act clarifies that a functional fibre-ready facility is defined as a fibre-ready facility that is technically capable of being used in connection with an optical fibre line. This definition is subject to applicable industry codes and standards. The Act applies to real estate projects that commence after the commencement of the Act, unless certain pre-commencement actions, such as the installation of fixed-line facilities or the initiation of civil works, have already occurred. Transitional provisions maintain the existing law for projects where such actions have commenced before the Act's commencement. The Act’s application can be extended or restricted through subordinate instruments, although specific details on such instruments are not provided in the primary text.

Key Provisions

The Telecommunications Amendment (Infrastructure in New Developments) Act 2021 amends the Telecommunications Act 1997 to introduce requirements for the installation of functional fibre-ready facilities in new real estate developments. Specifically, under sections 372G and 372H, developers are prohibited from selling or leasing building lots or units unless a functional fibre-ready facility is installed in proximity to those lots or units. This requirement applies to constitutional corporations and also extends to non-constitutional corporations in both the Territories and States. The Act defines a functional fibre-ready facility as one that is technically capable of being used in connection with an optical fibre line, with regard to applicable industry standards (sections 372W(2) and 372W(3)). Developers must ensure compliance with these provisions, which entails installing a functional fibre-ready facility before selling or leasing any building lots or units within the development. The Act provides definitions and clarifications on terms such as "functional fibre-ready facility" and "proximity" through references to sections 372W and 372Y. Exemptions from these requirements are outlined in section 372K. Failure to comply with the requirements of sections 372G and 372H may result in legal consequences. Although the Act does not explicitly state criminal or civil penalties for non-compliance, breaches of similar provisions in the Telecommunications Act 1997 can result in penalties. For example, section 347 of the principal Act imposes a penalty of up to $21,000 for contravening certain provisions, and section 348 allows for fines of up to $63,000 for corporations and $12,600 for individuals for breaches of civil penalty provisions. Developers found in breach of the amended sections may thus be subject to these or similar penalties under the overarching framework of the Telecommunications Act 1997.

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Telecommunications Law
Instrument
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Commencement Provisions
Repeal & Amendment
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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.