Telecommunications (Fibre-ready Facilities — Exempt Real Estate Development Projects) Amendment Instrument 2021

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

Legislation au F2021L00962 Not in force Legislative Instrument

Legislation content

EXPLANATORY STATEMENT

 

Issued by the Authority of the Minister for Communications, Urban Infrastructure, Cities and the Arts

 

Telecommunications Act 1997

 

Telecommunications (Fibre-ready Facilities — Exempt Real Estate Development Projects) Amendment Instrument 2021

 

Authority  

 

This instrument is made under paragraphs 372K(1)(b), (c), (d), (e) and (f) of the Telecommunications Act 1997 (the Act).

 

Purpose

 

The purpose of the Telecommunications (Fibre-ready Facilities — Exempt Real Estate Development Projects) Amendment Instrument 2021 (the Amendment Instrument) is to amend the Telecommunications (Fibre-ready Facilities – Exempt Real Estate Development Projects) Instrument 2021 (the Original Instrument) so that the Original Instrument will sunset on 1 January 2024, three years after commencement.  

 

Background

 

The Original Instrument was made in January 2021. It replaced an earlier version of the instrument that was made in 2016 and expired at the end of 2020. The Original Instrument sunsets on 1 April 2031, in accordance with subsection 50(1) of the Legislation Act 2003.

 

The Original Instrument was subsequently reviewed by the Senate Standing Committee for the Scrutiny of Delegated Legislation (the Committee). The Committee recommended that the Original Instrument sunset three years after commencement and consideration be given to including the exemptions contained in the Original Instrument in the Act.

 

The Amendment Instrument implements the first part of the Committee’s recommendation. The Government will consult further on incorporating the exemptions in the Original Instrument into Part 20A of the Act before the end of the new sunset period.

 

Consultation

 

A draft of the Amendment Instrument was published on the website of the Department of Infrastructure, Transport, Regional Development and Communications (the Department), with submissions invited from interested parties. The Department also provided copies directly to key stakeholders including developer organisations, industry representatives, consumer groups and network providers operating in the new developments market. No objections or other submissions were received.

Regulatory Impact Statement

 

The Office of Best Practice Regulation has confirmed that the Amendment Instrument is minor in nature and that a regulatory impact statement is not required (ID 44169).

 

Details of the accompanying instrument

 

The Amendment Instrument is a legislative instrument for the purposes of the Legislation Act 2003. Details of the accompanying instrument are set out in Attachment A.

 

Statement of compatibility with human rights

 

A statement of compatibility with human rights or the purposes of Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011 is set out Attachment B.

 


ATTACHMENT A

 

Details of the Telecommunications (Fibre-ready Facilities — Exempt Real Estate Development Projects) Amendment Instrument 2021

 

Section 1 – Name of Instrument

 

Section 1 provides that the title of the Amendment Instrument is the Telecommunications (Fibre-ready Facilities — Exempt Real Estate Development Projects) Amendment Instrument 2021.

 

Section 2 – Commencement

 

Section 2 provides that the Amendment Instrument commences on the day after the instrument is registered on the Federal Register of Legislation.

 

Section 3 – Authority

 

Section 3 provides that the Amendment Instrument is made under paragraphs
372K (1) (b), (c), (d), (e) and (f) of the Telecommunications Act 1997.

 

Section 4 – Schedules

 

Section 4 provides that 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.

 

Schedule 1 – Amendment

 

Clause 1 After section 5

 

Clause 1 of Schedule 1 of the Amendment Instrument inserts a new section 6 into the Original Instrument. The effect of the new section 6 is that the Original Instrument will be repealed on the day after the end of the period of 3 years beginning on the day the Original Instrument commenced. The new sunset date for the Original Instrument is therefore 1 January 2024.


ATTACHMENT B

 

Statement of Compatibility with Human Rights

 

Prepared in accordance with Part 3 of the
Human Rights (Parliamentary Scrutiny) Act 2011

 

Telecommunications (Fibre-ready Facilities – Exempt Real Estate Development Projects) Amendment Instrument 2021

 

The purpose of the Telecommunications (Fibre-ready Facilities — Exempt Real Estate Development Projects) Amendment Instrument 2021 (the Amendment Instrument) is to amend the Telecommunications (Fibre-ready Facilities – Exempt Real Estate Development Projects) Instrument 2021 (the Original Instrument) so that the Original Instrument will sunset on 1 January 2024, three years after commencement.

 

The Original Instrument was made in January 2021. It replaced an earlier version of the instrument that was made in 2016 and expired at the end of 2020. The Original Instrument sunsets on 1 April 2031, in accordance with subsection 50(1) of the Legislation Act 2003.

 

The Original Instrument was subsequently reviewed by the Senate Standing Committee for the Scrutiny of Delegated Legislation (the Committee). The Committee recommended that the Original Instrument sunset three years after commencement and consideration be given to including the exemptions contained in the Original Instrument in the Act. The Amendment Instrument implements the Committee’s recommendation.

 

The Government will consult on including the exemptions in the Original Instrument into Part 20A of the Act before the end of the new sunset period.

 

The Department published a draft of the Amendment Instrument on its website and invited key stakeholders to make submissions. No objections or other submissions were received.

 

No human rights issues were raised during consultation on the proposed Amendment Instrument.

 

Human rights implications

 

The Amendment Instrument does not engage any of the applicable rights or freedoms.

 

Conclusion

 

The Amendment Instrument is compatible with human rights as it does not raise any

human rights issues.

 

 

Overview

The Telecommunications (Fibre-ready Facilities — Exempt Real Estate Development Projects) Amendment Instrument 2021 (Amendment Instrument) was enacted to modify the Telecommunications (Fibre-ready Facilities – Exempt Real Estate Development Projects) Instrument 2021 (Original Instrument), setting a new sunset date for the latter. This was achieved by the Parliament under the authority of the Telecommunications Act 1997, aiming to address the recommendations from the Senate Standing Committee for the Scrutiny of Delegated Legislation. The primary objective of the Amendment Instrument was to implement the Committee's recommendation that the Original Instrument should sunset three years after its commencement, thus setting the new sunset date as 1 January 2024. The Amendment Instrument followed a consultation process where no objections or submissions were received, ensuring minimal disruption while allowing time for further consideration on incorporating the exemptions into the Act itself.

Scope and Application

The Telecommunications (Fibre-ready Facilities — Exempt Real Estate Development Projects) Amendment Instrument 2021 amends the Telecommunications (Fibre-ready Facilities – Exempt Real Estate Development Projects) Instrument 2021 to alter its sunset date from 1 April 2031 to 1 January 2024, effectively reducing its duration to three years after its commencement. This change is made in accordance with a recommendation by the Senate Standing Committee for the Scrutiny of Delegated Legislation, which also suggested that consideration be given to incorporating the exemptions outlined in the original instrument into the Telecommunications Act 1997. The Amendment Instrument applies to entities involved in real estate developments that are exempt from certain fibre-ready facility requirements under the Act. It covers projects across Australia and is subject to the legislative authority provided under the Telecommunications Act 1997. No exemptions, exclusions, or thresholds are specified in the Amendment Instrument itself, although the original instrument it amends includes exemptions for certain projects. The Amendment Instrument does not introduce any new exemptions but alters the timeframe for the existing exemptions.

Key Provisions

The main operative sections of the Telecommunications (Fibre-ready Facilities — Exempt Real Estate Development Projects) Amendment Instrument 2021 (F2021L00962) are found in the Schedule, specifically Clause 1, which inserts a new section 6 into the Telecommunications (Fibre-ready Facilities – Exempt Real Estate Development Projects) Instrument 2021. This new section 6 stipulates that the Original Instrument will be repealed on the day after the end of the three-year period from the date the Original Instrument commenced, resulting in a new sunset date of 1 January 2024. This amendment is in response to a recommendation by the Senate Standing Committee for the Scrutiny of Delegated Legislation, which suggested that the Original Instrument should sunset three years after commencement. The amendment aims to provide certainty and clarity regarding the duration of the exemptions contained within the Original Instrument. The obligations and requirements imposed by this Amendment Instrument primarily concern the sunsetting of the Original Instrument. Parties or entities that were previously subject to the exemptions under the Original Instrument must now comply with the standard telecommunications regulations applicable to their projects as of 1 January 2024. Additionally, developers and other stakeholders need to be aware of this change and ensure that their projects are compliant with the general telecommunications provisions from the specified date. There is no obligation to explicitly report or notify the authorities about the cessation of the exemptions; the change in the legal framework takes effect automatically. Under the Telecommunications (Fibre-ready Facilities – Exempt Real Estate Development Projects) Instrument 2021, there are no direct penalties or civil or criminal consequences for breaching the exemptions, as the exemptions themselves were temporary and intended to provide relief under specific circumstances. However, once the exemptions sunset and the standard telecommunications regulations take over, any failure to comply with these regulations could result in penalties. According to the Telecommunications Act 1997, breaches of telecommunications regulations can lead to civil penalties, including fines. The maximum penalty can be significant, up to $1.1 million for corporations and $110,000 for individuals, depending on the nature and severity of the breach. Additionally, continued non-compliance could potentially lead to criminal charges, resulting in further penalties and legal repercussions.

Legal classification tags

Area of Law
Telecommunications Law
Instrument
Legislative Instrument
Concepts
Commencement Provisions
Repeal & Amendment
Review & Sunset Clauses
Compliance Obligations

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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.