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 1

2 Commencement 2

3 Schedules 2

Schedule 1—Amendments 3

Part 1—General amendments 3

Telecommunications Act 1997 3

Part 2—Application and transitional provisions 9

Part 3—Technical correction 11

Telecommunications Act 1997 11

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 Commencement information 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Note: This table relates only to the provisions of this Act as originally enacted.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Legislation that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.
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

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

Note 2: For proximity, see section 372Y.

Note 3: For exemptions, see section 372K.

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.

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

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

Note 2: For proximity, see section 372Y.

Note 3: For exemptions, see section 372K.

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.

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.

 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.

 2A

If:

 a

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

 b

the lot is in a Territory;

 3

If:

 a

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

 b

the lot is in a State;

 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.

 4A

If:

 a

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

 b

the unit is in a Territory;

 5

If:

 a

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

 b

the unit is in a State;

 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

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

Note 2: For proximity, see section 372Y.

Note 3: For exemptions, see section 372K.

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

Note 2: For proximity, see section 372Y.

Note 3: For exemptions, see section 372K.

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

Note 2: For proximity, see section 372Y.

Note 3: For exemptions, see section 372K.

 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.

 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.

 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.

 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

(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).

 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

(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.

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)