(a) a contract, arrangement or understanding (the first contract, arrangement or understanding) is covered by another subsection of this section; and

the first contract, arrangement or understanding was in force immediately before the commencement of this subsection; and

one or more designated Telstra successor companies and one or more NBN corporations enter into to another contract, arrangement or understanding; and

the sole purpose of the other contract, arrangement or understanding is to do any or all of the following:

provide that an obligation imposed on Telstra under the first contract, arrangement or understanding extends to one or more designated Telstra successor companies;

provide that a right conferred on Telstra under the first contract, arrangement or understanding extends to one or more designated Telstra successor companies;

provide that an obligation that an NBN corporation owes to Telstra under the first contract, arrangement or understanding extends so that the obligation is also owed to one or more designated Telstra successor companies;

provide that a right that an NBN corporation has against Telstra under the first contract, arrangement or understanding extends so that the right is also against one or more designated Telstra successor companies;

the entering into of the other contract, arrangement or understanding; and

conduct engaged in by:

a designated Telstra successor company; or

an NBN corporation; or

(iii) a body corporate that is a related body corporate (within the meaning of the Corporations Act 2001) of a designated Telstra successor company; or

(iv) a body corporate that is a related body corporate (within the meaning of the Corporations Act 2001) of an NBN corporation;

Telstra as it stood at the end of July 2021; and

companies that are the successors (whether immediate or otherwise) of Telstra.

this Act; or

(b) the Telecommunications (Consumer Protection and Service Standards) Act 1999; or

(c) Competition and Consumer Act 2010; orPart XIB of the

(d) Competition and Consumer Act 2010; orPart XIC of the

(e) the Telstra Corporation Act 1991; or

an instrument made under or for the purposes of:

this Act; or

(ii) the Telecommunications (Consumer Protection and Service Standards) Act 1999; or

(iii) Competition and Consumer Act 2010; orPart XIB of the

(iv) Competition and Consumer Act 2010; orPart XIC of the

(v) the Telstra Corporation Act 1991.

(a) the Telstra Corporation Act 1991; or

this Part; or

an instrument made under or for the purposes of:

(i) the Telstra Corporation Act 1991; or

this Part.

the object set out in section 581B;

the compliance burden (if any) that would result for the relevant company if the declaration were made;

whether a Telstra successor company or a designated Telstra successor company has transferred the whole or a part of a telecommunications business to the relevant company;

whether a Telstra successor company or a designated Telstra successor company has transferred a telecommunications asset to the relevant company;

such other matters (if any) as the Minister considers relevant.

is a constitutional corporation; or

carries on a telecommunications business covered by paragraph 581L(1)(a), (b) or (c).

Telstra Group Limited (ACN 650 620 303), as the company exists from time to time (even if its name is later changed);

Telstra Infraco Limited (ACN 051 775 556), as the company exists from time to time (even if its name is later changed);

Amplitel Pty Ltd (ACN 648 133 073), as the company exists from time to time (even if its name is later changed);

Telstra Limited (ACN 086 174 781), as the company exists from time to time (even if its name is later changed).

for each company that is a Telstra successor company for the purposes of each prescribed telecommunications law because of subsection 581F(1)—the name and ACN of that company; and

for each company that is a Telstra successor company for the purposes of each prescribed telecommunications law because of a declaration under subsection 581F(3):

the name and ACN of that company; and

the details of the declaration; and

for each company that is a Telstra successor company for the purposes of one or more prescribed telecommunications laws because of a declaration under subsection 581F(4):

the name and ACN of that company; and

the details of the declaration; and

for each company that is a Telstra successor company for the purposes of one or more provisions of one or more prescribed telecommunications laws because of a declaration under subsection 581F(5):

the name and ACN of that company; and

the details of the declaration; and

for each company that is covered by a declaration under subsection 581F(6), (7) or (8):

the name and ACN of that company; and

the details of the declaration; and

(f) for each company that is a designated Telstra successor company for the purposes of each telecommunications law because of subsection 581G(1)—the name and ACN of that company; and

(g) for each company that is a designated Telstra successor company for the purposes of each telecommunications law because of a declaration under subsection 581G(3):

the name and ACN of that company; and

the details of the declaration; and

(h) for each company that is a designated Telstra successor company for the purposes of one or more telecommunications laws because of a declaration under subsection 581G(4):

the name and ACN of that company; and

the details of the declaration; and

(i) for each company that is a designated Telstra successor company for the purposes of one or more provisions of one or more telecommunications laws because of a declaration under subsection 581G(5):

the name and ACN of that company; and

the details of the declaration; and

for each company that is covered by a declaration under subsection 581G(6), (7) or (8):

the name and ACN of that company; and

the details of the declaration.

a business that consists of or includes the supply of a listed carriage service; or

a business that consists of or includes the supply of a service that facilitates the supply of a listed carriage service; or

a business that consists of or includes installing, maintaining, operating or providing access to:

a telecommunications network; or

a facility;

a business that is covered by a declaration under subsection (2);

(a) after the commencement of Schedule 2 to the Telstra Corporation and Other Legislation Amendment Act 2021, a Telstra successor company or a designated Telstra successor company transfers the whole or a part of a telecommunications business; and

the transfer is not covered by a declaration under subsection (2); and

the telecommunications business is not covered by a declaration under subsection (3); and

the conditions (if any) declared under subsection (4) have been satisfied; and

a declaration is in force under subsection (5);

notify the ACMA in writing of the transfer; and

do so within 5 business days after the transfer.

a company is:

a Telstra successor company or a designated Telstra successor company; and

a constitutional corporation; and

(b) the company proposes to transfer the whole or a part of a prescribed business after the commencement of Schedule 2 to the Telstra Corporation and Other Legislation Amendment Act 2021; and

the proposed transferee is a not a constitutional corporation;

notify the ACMA in writing of the proposed transfer; and

do so at least 30 days before the proposed transfer date.

a telecommunications network used, or to be used, to supply a listed carriage service; or

a facility used, or to be used, to supply a listed carriage service; or

an asset covered by a declaration under subsection (2);

(a) after the commencement of Schedule 2 to the Telstra Corporation and Other Legislation Amendment Act 2021, a Telstra successor company or a designated Telstra successor company transfers a telecommunications asset; and

the transfer is not covered by a declaration under subsection (2); and

the telecommunications asset is not covered by a declaration under subsection (3); and

the conditions (if any) declared under subsection (4) have been satisfied; and

a declaration is in force under subsection (5);

notify the ACMA in writing of the transfer; and

do so within 5 business days after the transfer.

a company is:

a Telstra successor company or a designated Telstra successor company; and

a constitutional corporation; and

(b) the company proposes to transfer a prescribed asset after the commencement of Schedule 2 to the Telstra Corporation and Other Legislation Amendment Act 2021; and

the proposed transferee is a not a constitutional corporation;

notify the ACMA in writing of the proposed transfer; and

do so at least 30 days before the proposed transfer date.

in connection with the fulfillment of any of the obligations imposed on the company by or under a telecommunications law; or

in order to maintain the company’s capability (including the technical, operational or organisational capability) to comply with obligations imposed on the company by or under a telecommunications law.

the legal ownership of the asset is transferred in whole or in part; or

the beneficial ownership of the asset is transferred in whole or in part (whether by way of a declaration of trust or in any other way); or

if the asset is the subject of a lease—the lease is transferred.

make a copy of the draft declaration or variation available on the Department’s website; and

publish a notice on the Department’s website:

stating that the Minister has prepared the draft; and

inviting interested persons to give written comments about the draft to the Minister within the period specified in the notice.

(a) a designated Telstra successor company (the first designated Telstra successor company) is subject to a direction (the first direction) given by the ACMA under this Act or the Telecommunications (Consumer Protection and Service Standards) Act 1999; and

the ACMA is satisfied that the first designated Telstra successor company has failed, is failing, or is likely to fail, to comply with the first direction;

another designated Telstra successor company; or

(d) a body corporate that is a related body corporate (within the meaning of the Corporations Act 2001) of the first designated Telstra successor company;

the ACMA is satisfied that the action specified in the direction will facilitate the first designated Telstra successor company complying with the first direction; and

the ACMA is satisfied that the body corporate:

has the capability (including the technical, operational and organisational capability) to comply with the direction; or

could reasonably acquire the capability (including the technical, operational and organisational capability) to comply with the direction; and

the body corporate:

is a constitutional corporation; or

carries on a telecommunications business covered by paragraph 581L(1)(a), (b) or (c).

make a copy of the draft direction or variation available on the ACMA’s website; and

publish a notice on the ACMA’s website:

stating that the ACMA has prepared the draft; and

inviting interested persons to give written comments about the draft to the ACMA within the period specified in the notice.

(a) an obligation (the relevant obligation) is imposed on a named designated Telstra successor company (the first designated Telstra successor company) by or under a telecommunication law; and

the Minister is satisfied that the first designated Telstra successor company has failed, is failing, or is likely to fail, to fulfil the relevant obligation;

another designated Telstra successor company; or

(d) a body corporate that is a related body corporate (within the meaning of the Corporations Act 2001) of the first designated Telstra successor company;

the Minister is satisfied that the action specified in the direction will assist the first designated Telstra successor company to fulfil the relevant obligation; and

the Minister is satisfied that the body corporate:

has the capability (including the technical, operational and organisational capability) to comply with the direction; or

could reasonably acquire the capability (including the technical, operational and organisational capability) to comply with the direction; and

the body corporate:

is a constitutional corporation; or

carries on a telecommunications business covered by paragraph 581L(1)(a), (b) or (c).

make a copy of the draft direction or variation available on the Minister’s website; and

publish a notice on the Minister’s website:

stating that the Minister has prepared the draft; and

inviting interested persons to give written comments about the draft to the Minister within the period specified in the notice.

(aa) is a holding company (within the meaning of the Corporations Act 2001) of a body corporate that is a corporation to which paragraph 51(xx) of the Constitution applies; or

carries on a business that consists of or includes installing, maintaining, operating or providing access to:

(i) a telecommunications network (within the meaning of the Telecommunications Act 1997); or

(ii) a facility (within the meaning of the Telecommunications Act 1997);

(e) is a holding company (within the meaning of the Corporations Act 2001) of a body corporate that carries on a business covered by paragraph (b), (c) or (d).

Telstra successor company;

beginning at the commencement of this item; and

ending at the earliest of the following times:

the commencement of Schedule 2 to this Act;

the end of the relevant post-commencement period.

the 6-month period that began at the commencement of this item; or

if the Minister, by legislative instrument, specifies the 9-month period that began at the commencement of this item—that period.

(a) the conduct is authorised for the purposes of subsection 51(1) of the Competition and Consumer Act 2010; and

(b) in performing a function, or exercising a power, under Competition and Consumer Act 2010 in relation to the first designated Telstra successor company, the ACCC must have regard to the conduct to the extent that the conduct is relevant.Part XIB of the

(a) a designated Telstra successor company (the first designated Telstra successor company); or

(b) a body corporate that is a related body corporate (within the meaning of the Corporations Act 2001) of the first designated Telstra successor company;

(c) the conduct is authorised for the purposes of subsection 51(1) of the Competition and Consumer Act 2010; and

(d) in performing a function, or exercising a power, under Competition and Consumer Act 2010 in relation to the first designated Telstra successor company, the ACCC must have regard to the conduct to the extent that the conduct is relevant.Part XIB of the

(a) a contract, arrangement or understanding (the relevant contract, arrangement or understanding) is covered by a subsection of section 577BA of the Telecommunications Act 1997; and

before the commencement of Schedule 2 to this Act, a demerged Telstra company or NBN Co:

enters into a variation of the relevant contract, arrangement or understanding; or

engages in negotiations, or arrives at an understanding, in relation to a proposed variation of the relevant contract, arrangement or understanding; and

the purpose of the variation or proposed variation is to ensure that the relevant contract, arrangement or understanding has effect as if:

a demerged Telstra company were substituted for Telstra as a party to the relevant contract, arrangement or understanding; and

obligations imposed on Telstra by the relevant contract, arrangement or understanding were imposed instead on the demerged Telstra company; and

(d) the variation or proposed variation is subject to a condition precedent, namely, any of the property of Telstra being transferred to and vesting in Telstra Limited by virtue of an order of the Supreme Court of New South Wales made in accordance with Corporations Act 2001;section 413 of the

each of the following:

the entering into of the variation;

the engaging in the negotiations;

arriving at the understanding first mentioned in subparagraph (b)(ii);

conduct engaged in by:

a demerged Telstra company; or

NBN Co; or

(iii) a body corporate that is a related body corporate (within the meaning of the Corporations Act 2001) of a demerged Telstra company; or

(iv) a body corporate that is a related body corporate (within the meaning of the Corporations Act 2001) of an NBN Co;

(da) preventing a designated Telstra successor company from complying with an undertaking in force under Telecommunications Act 1997;section 577A of the

(a) either of the following conditions are satisfied in relation to a particular time (the relevant time):

the relevant time occurs immediately after the commencement of this section, and the body corporate is a designated Telstra successor company at the relevant time;

the relevant time occurs after the commencement of this section, and the body corporate becomes a designated Telstra successor company at the relevant time; and

the body corporate does not hold a carrier licence at the relevant time; and

the body corporate is a constitutional corporation at the relevant time; and

the body corporate is the owner, or one of the owners, of a network unit at the relevant time; and

no nominated carrier declaration is in force in relation to that network unit at the relevant time.

apply under section 52 for a carrier licence; and

do so within 5 business days after the relevant time.

the ACMA grants a carrier licence to the body corporate in response to the application mentioned in subsection (3) or (4); or

if the ACMA refuses to grant a carrier licence to the body corporate in response to the application mentioned in subsection (3) or (4)—the latest of the following times:

the end of the 28-day period beginning when the body corporate is informed by the ACMA of the refusal;

if, during that 28-day period, the body corporate applies under section 558 for the ACMA to reconsider the refusal—the end of the 28-day period beginning when the ACMA makes its decision on reconsideration of the refusal;

if, during the 28-day period last mentioned in subparagraph (ii), the body corporate makes an application under section 562 to the Administrative Appeals Tribunal for review of the refusal decision—the end of the 28-day period beginning when the application is finally determined;

(iv) if, during the 28-day period last mentioned in subparagraph (iii), the body corporate appeals to the Federal Court under Administrative Appeals Tribunal Act 1975 from the decision of the Administrative Appeals Tribunal on the application mentioned in subparagraph (iii)—when the appeal is determined.section 44 of the

(a) the carrier licence is subject to the conditions set out in sections 7, 8, 9, 10, 12, 13, 14, 15, 16, 17 and 18 of the Telecommunications (Carrier Licence Conditions - Telstra Corporation Limited) Declaration 2019 as in force immediately before the commencement of this section; and

for that purpose, a reference in those sections (and Schedule 1 to that declaration) to the licensee is to be read as a reference to Telstra Limited.

(a) the carrier licence is subject to the conditions set out in Telecommunications (Carrier Licence Conditions - Telstra Infraco Limited) Declaration 2019; andsection 11 of the

for that purpose, a reference in that section to the licensee is to be read as a reference to Telstra Limited.

(a) a carrier licence held by a particular Telstra company (the first Telstra company) is (whether in accordance with subsection (2) of this section or otherwise) subject to a condition set out in section 11 of the Telecommunications (Carrier Licence Conditions - Telstra Infraco Limited) Declaration 2019; and

a carrier licence held by another Telstra company is also subject to the condition (whether in accordance with subsection (2) of this section or otherwise); and

the other Telstra company complies with the condition;

the carrier licence is subject to:

the conditions set out in an interim Telstra carrier licence condition declaration; and

(ii) the interim conditions set out in the Telecommunications (Carrier Licence Conditions - Telstra Infraco Limited) Declaration 2019; and

for that purpose, a reference in those conditions to the licensee is to be read as a reference to Telstra Limited.

(a) a carrier licence held by a particular Telstra company (the first Telstra company) is (whether in accordance with subsection (4) of this section or otherwise) subject to:

a condition set out in an interim Telstra carrier licence condition declaration; or

(ii) an interim condition set out in the Telecommunications (Carrier Licence Conditions - Telstra Infraco Limited) Declaration 2019; and

a carrier licence held by another Telstra company is also subject to the condition (whether in accordance with subsection (4) of this section or otherwise); and

the other Telstra company complies with the condition;

Telstra Infraco Limited; or

Telstra Limited.

relates to a carrier licence held by Telstra Infraco Limited; and

came into force during the period:

beginning at the start of the day on which the Bill for the Act that inserted this section was introduced into the Parliament; and

ending immediately before the commencement of this section.

beginning at the start of the day on which the Bill for the Act that inserted this section was introduced into the Parliament; and

ending immediately before the commencement of this section.

preventing a designated Telstra successor company from complying with an undertaking in force under section 577A; or

each obligation imposed on Telstra by the undertaking were imposed instead on each of the following designated Telstra successor companies:

Telstra Infraco Limited;

Telstra Limited;

a designated Telstra successor company specified in an instrument under subsection (2); and

each prohibition applicable to Telstra under the undertaking were applicable instead to each of the following designated Telstra successor companies:

Telstra Infraco Limited;

Telstra Limited;

a designated Telstra successor company specified in an instrument under subsection (2).

that paragraph (1)(a) does not result in the imposition of one or more specified obligations on one or more specified designated Telstra successor companies;

that paragraph (1)(b) does not result in one or more specified prohibitions being applicable to one or more specified designated Telstra successor companies.

an undertaking is in force under section 577A; and

(b) the Minister is satisfied that a designated Telstra successor company (the first designated Telstra successor company) has failed, is failing, or is likely to fail, to fulfil an obligation imposed on it by the undertaking;

another designated Telstra successor company; or

(d) a body corporate that is a related body corporate (within the meaning of the Corporations Act 2001) of the first designated Telstra successor company;

the Minister is satisfied that the action specified in the direction will assist the first designated Telstra successor company to fulfil its obligations under the undertaking; and

the Minister is satisfied that the body corporate:

has the capability (including the technical, operational and organisational capability) to comply with the direction; or

could reasonably acquire the capability (including the technical, operational and organisational capability) to comply with the direction; and

the body corporate:

is a constitutional corporation; or

carries on a telecommunications business covered by paragraph 581L(1)(a), (b) or (c).

make a copy of the draft direction or variation available on the Minister’s website; and

publish a notice on the Minister’s website:

stating that the Minister has prepared the draft; and

inviting interested persons to give written comments about the draft to the Minister within the period specified in the notice.

a variation of an undertaking in force under section 577A; or

a variation of a final migration plan;

each obligation imposed on Telstra by the final migration plan were imposed instead on each of the following designated Telstra successor companies:

Telstra Infraco Limited;

Telstra Limited;

a designated Telstra successor company specified in an instrument under subsection (2); and

each prohibition applicable to Telstra under the final migration plan were applicable instead to each of the following designated Telstra successor companies:

Telstra Infraco Limited;

Telstra Limited;

a designated Telstra successor company specified in an instrument under subsection (2).

that paragraph (1)(a) does not result in the imposition of one or more specified obligations on one or more specified designated Telstra successor companies;

that paragraph (1)(b) does not result in one or more specified prohibitions being applicable to one or more specified designated Telstra successor companies.

a final migration plan is in force; and

(b) the Minister is satisfied that a designated Telstra successor company (the first designated Telstra successor company) has failed, is failing, or is likely to fail, to fulfil an obligation imposed on it by the plan;

another designated Telstra successor company; or

(d) a body corporate that is a related body corporate (within the meaning of the Corporations Act 2001) of the first designated Telstra successor company;

the Minister is satisfied that the action specified in the direction will assist the first designated Telstra successor company to fulfil its obligations under the final migration plan; and

the Minister is satisfied that the body corporate:

has the capability (including the technical, operational and organisational capability) to comply with the direction; or

could reasonably acquire the capability (including the technical, operational and organisational capability) to comply with the direction; and

the body corporate:

is a constitutional corporation; or

carries on a telecommunications business covered by paragraph 581L(1)(a), (b) or (c).

make a copy of the draft direction or variation available on the Minister’s website; and

publish a notice on the Minister’s website:

stating that the Minister has prepared the draft; and

inviting interested persons to give written comments about the draft to the Minister within the period specified in the notice.

an undertaking is in force under section 577A; and

the ACCC considers that a designated Telstra successor company has breached the undertaking;

an order directing the designated Telstra successor company to comply with the undertaking;

an order directing the disposal of network units, shares or other assets;

an order restraining the exercise of any rights attached to shares;

an order prohibiting or deferring the payment of any sums due to a person in respect of shares held by the designated Telstra successor company;

an order that any exercise of rights attached to shares be disregarded;

an order directing the designated Telstra successor company to pay to the Commonwealth an amount up to the amount of any financial benefit that the designated Telstra successor company has obtained directly or indirectly and that is reasonably attributable to the breach;

any order that the Court considers appropriate directing the designated Telstra successor company to compensate any other person who has suffered loss or damage as a result of the breach;

any other order that the Court considers appropriate.

has power, for the purpose of securing compliance with any other order made under this section, to make an order directing any person to do or refrain from doing a specified act; and

has power to make an order containing such ancillary or consequential provisions as the Court thinks just.

a telecommunications network; or

a company;

a partner of the designated Telstra successor company; or

if the designated Telstra successor company or another person who is an associate of the designated Telstra successor company under another paragraph receives benefits or is capable of benefiting under a trust—the trustee of the trust; or

a person (whether a company or not) who:

acts, or is accustomed to act; or

under a contract or an arrangement or understanding (whether formal or informal) is intended or expected to act;

the designated Telstra successor company; or

the designated Telstra successor company and another person who is an associate of the designated Telstra successor company under another paragraph; or

another company if:

(i) the other company is a related body corporate of the designated Telstra successor company for the purposes of the Corporations Act 2001; or

the designated Telstra successor company, or the designated Telstra successor company and another person who is an associate of the designated Telstra successor company under another paragraph, are in a position to exercise control of the other company.

a hybrid fibre-coaxial network; or

another telecommunications network;

the designated Telstra successor company legally or beneficially owns the network (whether alone or together with one or more other persons); or

the designated Telstra successor company is in a position, either alone or together with an associate of the designated Telstra successor company and whether directly or indirectly:

to exercise control of the operation of all or part of the network; or

to exercise control of the selection of the kinds of services that are supplied using the network; or

to exercise control of the supply of services using the network; or

a company other than the designated Telstra successor company legally or beneficially owns the network (whether alone or together with one or more other persons), and:

the designated Telstra successor company is in a position, either alone or together with an associate of the designated Telstra successor company, to exercise control of the company; or

the designated Telstra successor company, either alone or together with an associate of the designated Telstra successor company, is in a position to veto any action taken by the board of directors of the company; or

the designated Telstra successor company, either alone or together with an associate of the designated Telstra successor company, is in a position to appoint or secure the appointment of, or veto the appointment of, at least half of the board of directors of the company; or

the designated Telstra successor company, either alone or together with an associate of the designated Telstra successor company, is in a position to exercise, in any other manner, whether directly or indirectly, direction or restraint over any substantial issue affecting the management or affairs of the company; or

the company or more than 50% of its directors act, or are accustomed to act in accordance with the directions, instructions or wishes of, or in concert with, the designated Telstra successor company or of the designated Telstra successor company and an associate of the designated Telstra successor company acting together or of the directors of the designated Telstra successor company; or

the company or more than 50% of its directors, under a contract or an arrangement or understanding (whether formal or informal) are intended or expected to act, in accordance with the directions, instructions or wishes of, or in concert with, the designated Telstra successor company or of the designated Telstra successor company and an associate of the designated Telstra successor company acting together or of the directors of the designated Telstra successor company.

preventing a designated Telstra successor company from complying with an undertaking in force under section 577A;

preventing a designated Telstra successor company from complying with an undertaking in force under section 577A; or

preventing a designated Telstra successor company from complying with an undertaking in force under section 577A;

preventing a designated Telstra successor company from complying with an undertaking in force under section 577A;

preventing a designated Telstra successor company from complying with an undertaking in force under section 577A;

preventing a designated Telstra successor company from complying with an undertaking in force under section 577A; or

Telstra Limited holds a carrier licence; and

the carrier licence is subject to one or more conditions about priority assistance obligations.

different primary universal service providers in respect of different service obligations; and

the same person as a primary universal service provider in respect of one or more service obligations.

that obligation is imposed on each of those primary universal service providers, but may be discharged by any of those primary universal service providers; and

if the service obligation is complied with by any of those primary universal service providers—the obligation is taken to have been complied with by the other primary universal service provider or providers.

by a designated Telstra successor company; and

for a purpose relating to either or both of the following:

the achievement of any or all of the policy objectives of this Division;

the transfer of one or more assets that were used in connection with the fulfilment of obligations imposed on the designated Telstra successor company by the section 14 contract known as the Telstra USO Performance Agreement.

the legal ownership of the asset is transferred in whole or in part; or

the beneficial ownership of the asset is transferred in whole or in part (whether by way of a declaration of trust or in any other way); or

if the asset is the subject of a lease—the lease is transferred.

a relevant contract; or

a variation of a relevant contract;

an authorised officer; or

if there is no authorised officer—the Minister;

the names of the parties to the contract or variation, as the case requires;

the nature of the contract or variation, as the case requires;

the date the contract or variation, as the case requires, was entered into;

the date when the contract or variation, as the case requires, came, or is to come, into effect;

if the contract or variation (as the case requires) deals with the transfer of an asset—the name of the transferee;

such other information (if any) relating to the contract or variation, as the case requires, as is specified under subsection (2).

a designated Telstra successor company proposes to enter into a relevant contract; and

the contract is to be entered into for a purpose relating to the transfer of one or more assets that were used in connection with the fulfilment of obligations imposed on the company by the section 14 contract known as the Telstra USO Performance Agreement;

an authorised officer; or

if there is no authorised officer—the Minister;

the names of the parties to the contract;

the nature of the contract;

the date the contract is to be entered into;

the date when the contract is to come into effect;

the name of the transferee of the assets;

such other information (if any) relating to the contract as is specified under subsection (2).

a relevant contract; or

a variation of a relevant contract;

give:

an authorised officer; or

if there is no authorised officer—the Minister;

do so within 7 days after the notice is given.

a relevant contract; or

a variation of a relevant contract;

give:

an authorised officer; or

if there is no authorised officer—the Minister;

do so within 7 days after the notice is given.

the requirement that, within 7 days after such a contract is entered into, the company must give:

an authorised officer; or

if there is no authorised officer—the Minister;

the requirement that, within 7 days after the company enters into a variation of such a contract, the company must give:

an authorised officer; or

if there is no authorised officer—the Minister;

the carrier licence is subject to the conditions set out in section 11 of this declaration; and

for that purpose, a reference in that section to the licensee is to be read as a reference to Telstra Limited.

Telstra Limited.

the Integrated Public Number Database provided and maintained by Telstra Limited in accordance with a condition of its carrier licence; or

Telstra Limited; or

designated Telstra successor company (section 581G);

a body corporate enters into a contract, arrangement or understanding; and

the body corporate enters into the contract, arrangement or understanding in order to comply with a direction under subsection 577BAA(1);

the entering into of the contract, arrangement or understanding by the body corporate; and

conduct engaged in by the body corporate in order to give effect to a provision of the contract, arrangement or understanding;

a contract or agreement:

is covered by a subsection of section 577BA; and

was in force at the commencement of this section; and

(b) a designated Telstra successor company (the first designated Telstra successor company) is a party to the contract or agreement; and

the Minister is satisfied that the first designated Telstra successor company has failed, is failing, or is likely to fail, to fulfil its obligations under the contract or agreement;

another designated Telstra successor company; or

(e) a body corporate that is a related body corporate (within the meaning of the Corporations Act 2001) of the first designated Telstra successor company;

the Minister is satisfied that the action specified in the direction will facilitate the first designated Telstra successor company fulfilling its obligations under the contract or agreement; and

the Minister is satisfied that the body corporate:

has the capability (including the technical, operational and organisational capability) to comply with the direction; or

could reasonably acquire the capability (including the technical, operational and organisational capability) to comply with the direction; and

the body corporate:

is a constitutional corporation; or

carries on a telecommunications business covered by paragraph 581L(1)(a), (b) or (c).

make a copy of the draft direction or variation available on the Minister’s website; and

publish a notice on the Minister’s website:

stating that the Minister has prepared the draft; and

inviting interested persons to give written comments about the draft to the Minister within the period specified in the notice.

subsection (6) does not apply to giving or varying the direction; and

before giving or varying the direction, the Minister must give each affected company:

a copy of the draft direction or variation; and

a notice inviting the affected company to give written comments about the draft to the Minister within the period specified in the notice.

a body corporate that is a party to the contract or agreement;

a body corporate that is, or will be, subject to the direction.

(a) a designated Telstra successor company (the first designated Telstra successor company) is a party to the section 14 contract known as the Telstra USO Performance Agreement; and

the Minister is satisfied that the first designated Telstra successor company has failed, is failing, or is likely to fail, to fulfil its obligations under the Telstra USO Performance Agreement;

Telstra Limited; or

another designated Telstra successor company; or

(e) a body corporate that is a related body corporate (within the meaning of the Corporations Act 2001) of the first designated Telstra successor company;

to do a specified act or thing; or

not to do a specified act or thing.

the Minister is satisfied that the act or thing will facilitate the first designated Telstra successor company fulfilling its obligations under the Telstra USO Performance Agreement; and

the Minister is satisfied that the body corporate:

has the capability (including the technical, operational and organisational capability) to comply with the direction; or

could reasonably acquire the capability (including the technical, operational and organisational capability) to comply with the direction; and

the body corporate:

is a constitutional corporation; or

carries on a telecommunications business covered by paragraph 581L(1)(a), (b) or (c).

the Minister is satisfied that not doing the act or thing will facilitate the first designated Telstra successor company fulfilling its obligations under the Telstra USO Performance Agreement; and

the Minister is satisfied that the body corporate:

has the capability (including the technical, operational and organisational capability) to comply with the direction; or

could reasonably acquire the capability (including the technical, operational and organisational capability) to comply with the direction; and

the body corporate:

is a constitutional corporation; or

(ii) carries on a telecommunications business covered by paragraph 581L(1)(a), (b) or (c) of the Telecommunications Act 1997.

make a copy of the draft direction or variation available on the Minister’s website; and

publish a notice on the Minister’s website:

stating that the Minister has prepared the draft; and

inviting interested persons to give written comments about the draft to the Minister within the period specified in the notice.

in the case of a contravention of subsection 581Y(1) or 581ZD(1)—10,000 penalty units for each contravention; or

provide carriers with access to facilities; and

provide carriers with access to telecommunications transmission towers.

at least one of those bodies corporate is a carrier; and

each of those bodies corporate are related to each other.

make a copy of the draft determination or variation available on the Department’s website; and

publish a notice on the Department’s website:

stating that the Minister has prepared the draft; and

inviting interested persons to give written comments about the draft to the Minister within the period specified in the notice.

is in a carrier company group; and

is not a carrier.

a specified person is an individual or a partnership; and

the person owns or operates:

a facility; or

a telecommunications transmission tower (within the meaning of Division 3);

a person is the trustee of a specified trust; and

the person (in the capacity of trustee of the trust) owns or operates:

a facility; or

a telecommunications transmission tower (within the meaning of Division 3);

2 or more persons are the trustees of a specified trust; and

the persons (in their capacity of trustees of the trust) own or operate:

a facility; or

a telecommunications transmission tower (within the meaning of Division 3);

the access is provided for the sole purpose of enabling the carrier:

to provide facilities and carriage services; or

to establish its own facilities; and

the carrier’s request is reasonable; and

the carrier gives the eligible company reasonable notice that the carrier requires the access; and

in a case where the facilities do not consist of customer cabling or customer equipment—the facilities:

were in place on 30 June 1991; or

were not in place on 30 June 1991, and were not obtained after that date by the eligible company solely by means of commercial negotiation.

depriving any person of a right under a contract that was in force at the time the request was made;

preventing a designated Telstra successor company from complying with an undertaking in force under section 577A;

preventing Telstra from complying with an undertaking in force under section 577C or 577E;

if a final migration plan is in force—requiring a designated Telstra successor company to engage in conduct in connection with matters covered by the final migration plan.

(a) one or more provisions (the contingent provisions) of a contract have not come into force because:

the contingent provisions are subject to a condition precedent; and

the condition precedent has not been satisfied; and

there is a possibility that the condition precedent could become satisfied; and

assuming that the condition precedent had been satisfied:

the contingent provisions would come into force; and

the person would have a right under the contingent provisions;

the contract was in force; and

the person had the right under the contract.

there is an agreement in force between Telstra or a designated Telstra successor company and an NBN corporation; and

the agreement relates to the NBN corporation’s access to facilities owned or operated by Telstra or the designated Telstra successor company; and

apart from this section, the agreement would result in the NBN corporation being the operator of the facilities;

a facility as defined by section 7; or

land on which a facility mentioned in paragraph (a) is located; or

a building or structure on land referred to in paragraph (b); or

customer equipment, or customer cabling, connected to a telecommunications network owned or operated by a carrier.

agreed between the following parties:

the eligible company;

the carrier concerned; or

failing agreement, determined by an arbitrator appointed by the parties.

preventing a designated Telstra successor company from complying with an undertaking in force under section 577A; or

preventing Telstra from complying with an undertaking in force under section 577C or 577E; or

if a final migration plan is in force—requiring a designated Telstra successor company to engage in conduct in connection with matters covered by the final migration plan.

an agreement mentioned in paragraph (1)(a) is in force; and

the agreement is in writing;

a tower; or

a pole; or

a mast; or

a similar structure;

the access is provided for the sole purpose of enabling the carrier to install a facility used, or for use, in connection with the supply of a carriage service by means of radiocommunications; and

the carrier gives the eligible company reasonable notice that the carrier requires the access.

whether compliance is likely to result in significant difficulties of a technical or engineering nature; and

whether compliance is likely to result in a significant threat to the health or safety of persons who operate, or work on, the tower; and

if compliance is likely to have a result referred to in paragraph (a) or (b)—whether there are practicable means of avoiding such a result, including (but not limited to):

changing the configuration or operating parameters of a facility situated on the tower; and

making alterations to the tower; and

such other matters (if any) as the ACCC considers relevant.

depriving any person of a right under a contract that was in force at the time the request was made;

preventing a designated Telstra successor company from complying with an undertaking in force under section 577A;

preventing Telstra from complying with an undertaking in force under section 577C or 577E;

if a final migration plan is in force—requiring a designated Telstra successor company to engage in conduct in connection with matters covered by the final migration plan.

(a) one or more provisions (the contingent provisions) of a contract have not come into force because:

the contingent provisions are subject to a condition precedent; and

the condition precedent has not been satisfied; and

there is a possibility that the condition precedent could become satisfied; and

assuming that the condition precedent had been satisfied:

the contingent provisions would come into force; and

the person would have a right under the contingent provisions;

the contract was in force; and

the person had the right under the contract.

there is an agreement in force between Telstra or a designated Telstra successor company and an NBN corporation; and

the agreement relates to the NBN corporation’s access to a telecommunications transmission tower owned or operated by Telstra or the designated Telstra successor company; and

apart from this section, the agreement would result in the NBN corporation being the operator of the telecommunications transmission tower;

agreed between the following parties:

the eligible company;

the carrier concerned; or

failing agreement, determined by an arbitrator appointed by the parties.

preventing a designated Telstra successor company from complying with an undertaking in force under section 577A; or

preventing Telstra from complying with an undertaking in force under section 577C or 577E; or

if a final migration plan is in force—requiring a designated Telstra successor company to engage in conduct in connection with matters covered by the final migration plan.

an agreement mentioned in paragraph (1)(a) is in force; and

the agreement is in writing;

prepare a written report of the review; and

give the report to the Minister.

a declaration made under section 581F or 581G of that Act