Telecommunications (Statutory Infrastructure Providers—Exempt Real Estate Development Projects and Building Redevelopment Projects) Determination (No.1) 2020

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

Legislation au F2020L00856 In force Legislative Instrument

Legislation content

Telecommunications (Statutory Infrastructure Providers—Exempt Real Estate Development Projects and Building Redevelopment Projects) Determination (No.1) 2020

made under subsections 360H(3A) and 360H(5A) of the

Telecommunications Act 1997

Compilation No. 2

Compilation date: 27 June 2024

Includes amendments: F2024L00691

Registered: 14 August 2024

About this compilation

This compilation

This is a compilation of the Telecommunications (Statutory Infrastructure Providers—Exempt Real Estate Development Projects and Building Redevelopment Projects) Determination (No.1) 2020 that shows the text of the law as amended and in force on 27 June 2024 (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 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 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 Register for the compiled law.

Selfrepealing 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If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.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

Part 1 Introductory

1 Name

3 Authority

4 Definitions

Part 2 Exempt Real Estate Development Projects

5 Exempt Real Estate Development Projects (to be served by certain copper networks)

Part 3 Exempt Building Redevelopment  Projects

9 Exempt Building Redevelopment Projects (to be served by certain copper networks)

Endnotes

Endnote 1—About the endnotes

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history

Endnote 5—Editorial changes

Part 1 Introductory

1  Name

  This Instrument is the Telecommunications (Statutory Infrastructure Providers—Exempt Real Estate Development Projects and Building Redevelopment Projects) Determination (No.1) 2020.

3  Authority

  This Instrument is made under subsections 360H(3A) and 360H(5A) of the Telecommunications Act 1997, and subsection 33(3A) of the Acts Interpretation Act 1901.

4  Definitions

Note: A number of expressions used in this Instrument are defined in the Act, including the following:

(a) building redevelopment project (section 360Y);

(b) carriage service (section 7);

(ba) designated Telstra successor company (section 581G);

(c) eligible service (section 360A);

(d) hybrid fibrecoaxial network (section 7);

(e) NBN corporation (section 7);

(f) public mobile telecommunications service (section 32);

(g) qualifying carriage service (section 360A);

(h) qualifying fixedline carriage service (section 360A);

(i) real estate development project (section 372Q);

(j) standard telephone service (section 7); and

(k) Telstra (section 7).

 

  In this Instrument:

Act means the Telecommunications Act 1997.

contractual arrangement includes a deed, contract, undertaking or any other form of legally binding arrangement.

project area:

(a) for a building redevelopment projecthas the same meaning as in section 360A of the Act; and

(b) for a real estate development projecthas the same meaning as in subsections 372Q(2) and 372Q(6) of the Act.

Start Date means the day upon which Part 1, Division 2 of Schedule 3 to the Telecommunications Legislation Amendment (Competition and Consumer) Act 2020 comes into effect.

Part 2 Exempt Real Estate Development Projects

 

Note 1: Subsection 360H(2) of the Act provides that where a carrier (other than an NBN corporation) has installed telecommunications network infrastructure under a contract for the supply of eligible services to premises in the whole of the project area of a real estate development project, the carrier must declare that all of the project area is a provisional nominated service area within 10 business days after completion of the infrastructure build and that carrier becomes the statutory infrastructure provider for that relevant area.

Note 2: Subsection 360H(3A) provides that the Minister may, by legislative instrument, exempt a specified real estate development project from subsection 360H(2).  In cases where a project is exempted under subsection 360H(3A), the project area would remain a general service area of NBN Co until such time (if at all) that area become a nominated service area by declaration made by a carrier.

 

5  Exempt Real Estate Development Projects (to be served by certain copper networks)

A real estate development project will be exempt from subsection 360H(2), if all of the following apply to the project:

(a) there is telecommunications network infrastructure installed within any part of the project area that will enable the supply of eligible services to premises in the whole of the project area;

(b) the telecommunications network infrastructure referred to in paragraph (a) above:

 

(i) was fully installed on or after the Start Date;

 

(ii) was installed in accordance with a contractual arrangement entered into by Telstra or a designated Telstra successor company and the person responsible for the real estate development project, and the contractual arrangement does not require Telstra or the designated Telstra successor company to supply qualifying carriage services within all or any part of the project area;

 

(iii) at the time of installation, formed part of a fixedline telecommunications network owned and operated by Telstra or a designated Telstra successor company, and that network:

 

A. is not technically capable of being used to supply qualifying fixedline carriage services; and

 

B. is used to supply standard telephone services in fulfilment of the obligation referred to in paragraph 9(1)(a) of the Telecommunications (Consumer Protection and Service Standards) Act 1999.

Part 3 Exempt Building Redevelopment  Projects

 

Note 1: Subsection 360H(4) of the Act provides that where a carrier (other than an NBN corporation) has installed telecommunications network infrastructure under a contract for the supply of eligible services to premises in the whole of the project area of a building redevelopment project, the carrier must declare that all of the project area is a provisional nominated service area within 10 business days after completion of the infrastructure build and that carrier becomes the statutory infrastructure provider for that relevant area.

Note 2: Proposed subsection 360H(5A) provides that the Minister may, by legislative instrument, exempt a specified building redevelopment project from subsection 360H(4).  In cases where a project is exempted under subsection 360H(5A), the project area would remain a general service area of NBN Co until such time (if at all) that area become a nominated service area by declaration made by a carrier.

9  Exempt Building Redevelopment Projects (to be served by certain copper networks)

A building redevelopment project will be exempt from subsection 360H(4), if all of the following apply to the project:

(a) there is telecommunications network infrastructure installed within any part of the project area that will enable the supply of eligible services to premises in the whole of the project area;

(b) the telecommunications network infrastructure referred to in paragraph (a) above:

 

(i) was fully installed on or after the Start Date;

 

(ii) was installed in accordance with a contractual arrangement entered into by Telstra or a designated Telstra successor company and the person responsible for the building redevelopment project, and the contractual arrangement does not require Telstra or the designated Telstra successor company to supply qualifying carriage services within all or any part of the project area;

 

(iii) at the time of installation, formed part of a fixedline telecommunications network owned and operated by Telstra or a designated Telstra successor company, and that network:

 

A. is not technically capable of being used to supply qualifying fixedline carriage services; and

 

B. is used to supply standard telephone services in fulfilment of the obligation referred to in paragraph 9(1)(a) of the Telecommunications (Consumer Protection and Service Standards) Act 1999.

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 how an amendment is to be made. If, despite the misdescription, the amendment can be given effect as intended, then the misdescribed amendment can be incorporated through an editorial change made under section 15V of the Legislation Act 2003.

If a misdescribed amendment cannot be given effect as intended, the amendment is not incorporated and “(md not incorp)” is added to 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

/subsubparagraph(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

SubCh = SubChapter(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

Telecommunications (Statutory Infrastructure Providers—Exempt Real Estate Development Projects and Building Redevelopment Projects) Determination (No.1) 2020

30 June 2020 (F2020L00856)

1 July 2020 (s 2)

 

Telecommunications (Statutory Infrastructure Providers—Exempt Real Estate Development Projects and Building Redevelopment Projects) Amendment Determination (No. 1) 2024

26 June 2024 (F2024L00691)

27 June 2024 (s 2)

 

Act

Number and year

Assent

Commencement

Application, saving and transitional provisions

Telstra Corporation and Other Legislation Amendment Act 2021

140, 2021

13 Dec 2021

Sch 2 (items 148–162): 1 Jan 2023 (s 2(1) item 3)

as amended by

 

 

 

 

Telecommunications Legislation Amendment (Information Disclosure, National Interest and Other Measures) Act 2023

17, 2023

11 Apr 2023

Sch 1 (item 16): 13 Dec 2021 (s 2(1) item 4)

 

Endnote 4—Amendment history

 

Provision affected

How affected

Part 1

 

s 2.....................

rep LA s 48D

s 4.....................

am Act No 140, 2021; F2024L00691

 

ed C2

Part 2

 

s 5.....................

am Act No 140, 2021

s 6.....................

am Act No 140, 2021

 

rep F2024L00691

s 7.....................

rep F2024L00691

s 8.....................

rep F2024L00691

Part 3

 

s 9.....................

am Act No 140, 2021

s 10....................

am Act No 140, 2021

 

rep F2024L00691

s 11....................

rep F2024L00691

s 12....................

rep F2024L00691

 

Endnote 5—Editorial changes

In preparing this compilation for registration, the following kinds of editorial change(s) were made under the Legislation Act 2003.

Section 4

Kind of editorial change

Removal of redundant text

Details of editorial change

Schedule 1 item 3 of the Telecommunications (Statutory Infrastructure Providers—Exempt Real Estate Development Projects and Building Redevelopment Projects) Amendment Determination (No. 1) 2024 instructs to repeal subsection 4(2).

Section 4 appears, in part, as follows:

4  Definitions

[...]

 (1) In this Instrument:

Act means the Telecommunications Act 1997.

contractual arrangement includes a deed, contract, undertaking or any other form of legally binding arrangement.

project area:

(a) for a building redevelopment projecthas the same meaning as in section 360A of the Act; and

(b) for a real estate development projecthas the same meaning as in subsections 372Q(2) and 372Q(6) of the Act.

Start Date means the day upon which Part 1, Division 2 of Schedule 3 to the Telecommunications Legislation Amendment (Competition and Consumer) Act 2020 comes into effect.

This compilation was editorially changed to omit “(1)” from section 4 to remove the redundant text and bring it into line with legislative drafting practice.

 

Overview

The Telecommunications (Statutory Infrastructure Providers—Exempt Real Estate Development Projects and Building Redevelopment Projects) Determination (No.1) 2020 was enacted to provide exemptions for specific real estate development and building redevelopment projects from certain statutory infrastructure provider obligations under the Telecommunications Act 1997. This legislative instrument was made under subsections 360H(3A) and 360H(5A) of the Telecommunications Act 1997 and subsection 33(3A) of the Acts Interpretation Act 1901, by the Minister for Communications, Urban Infrastructure, Cities and the Arts. The primary policy objective is to facilitate the deployment of telecommunications infrastructure in certain projects while ensuring that the National Broadband Network Company (NBN Co) remains the statutory infrastructure provider for these areas unless and until a carrier declares the area to be a nominated service area. This determination allows for certain real estate development and building redevelopment projects to be exempt if they meet specific criteria regarding the installation and use of telecommunications infrastructure by Telstra or a designated Telstra successor company.

Scope and Application

The Telecommunications (Statutory Infrastructure Providers—Exempt Real Estate Development Projects and Building Redevelopment Projects) Determination (No.1) 2020 applies to real estate development projects and building redevelopment projects in Australia that involve the installation of telecommunications network infrastructure. Specifically, the determination exempts certain projects from the requirement for carriers to declare the project area as a provisional nominated service area under the Telecommunications Act 1997. This exemption applies if the infrastructure is installed by Telstra or a designated Telstra successor company, provided it was installed in accordance with a contractual arrangement that does not require the provision of qualifying carriage services within the project area, and the infrastructure forms part of a fixed-line telecommunications network that is not technically capable of supplying qualifying fixed-line carriage services but is used to supply standard telephone services. The exemption is effective for projects where the infrastructure was fully installed on or after 1 July 2020, the date the determination came into force. The determination does not apply to projects that do not meet the specified criteria, and any uncommenced amendments or editorial changes are noted in the endnotes of the legislation.

Key Provisions

The Telecommunications (Statutory Infrastructure Providers—Exempt Real Estate Development Projects and Building Redevelopment Projects) Determination (No.1) 2020 sets out the provisions for exempting certain real estate development projects and building redevelopment projects from the statutory infrastructure provider obligations under the Telecommunications Act 1997. Under Part 2, section 5 outlines the criteria for a real estate development project to be exempt, which includes the installation of telecommunications network infrastructure within the project area by Telstra or a designated Telstra successor company on or after the Start Date. The infrastructure must be part of a fixed-line telecommunications network that is not technically capable of supplying qualifying fixed-line carriage services but is used to supply standard telephone services. Similarly, under Part 3, section 9 specifies the criteria for a building redevelopment project to be exempt, with similar requirements regarding the installation of telecommunications network infrastructure by Telstra or a designated Telstra successor company. The obligations imposed by this Determination include the requirement for the infrastructure to be installed in accordance with a contractual arrangement that does not mandate the supplier to provide qualifying carriage services within the project area. Additionally, the infrastructure must form part of a fixed-line telecommunications network that is not capable of supplying qualifying fixed-line carriage services but is used to supply standard telephone services. In terms of penalties and consequences for breach, the Determination does not explicitly state any specific penalties. However, under the Telecommunications Act 1997, non-compliance with statutory obligations may result in civil or criminal penalties. These can include fines and potential imprisonment for serious breaches. The exact penalties would depend on the nature and severity of the breach, as well as any relevant provisions within the overarching Act.

Legal classification tags

Area of Law
Telecommunications Law
Instrument
Legislative Instrument
Concepts
Definitions & Interpretation
Licensing & Registration
Reporting & Disclosure Obligations

Interactions

Authorises

All Versions

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.