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This is a Bill, not an Act. For current law, see the Acts databases.
2016-2017-2018
The Parliament of the
Commonwealth of Australia
THE SENATE
Presented and read a first time
Telecommunications Legislation
Amendment Bill 2018
No. , 2018
(Communications and the Arts)
A Bill for an Act to amend legislation relating to
telecommunications, and for other purposes
No. , 2018
Telecommunications Legislation Amendment Bill 2018
i
Contents
1
Short title ........................................................................................... 1
2
Commencement ................................................................................. 1
3
Schedules ........................................................................................... 2
Schedule 1--Access to a telecommunications transmission
tower owned or operated by an NBN corporation
etc.
3
National Broadband Network Companies Act 2011
3
Schedule 2--Temporary facilities
15
Telecommunications Act 1997
15
No. , 2018
Telecommunications Legislation Amendment Bill 2018
1
A Bill for an Act to amend legislation relating to
1
telecommunications, and for other purposes
2
The Parliament of Australia enacts:
3
1 Short title
4
This Act is the Telecommunications Legislation Amendment Act
5
2018.
6
2 Commencement
7
(1) Each provision of this Act specified in column 1 of the table
8
commences, or is taken to have commenced, in accordance with
9
column 2 of the table. Any other statement in column 2 has effect
10
according to its terms.
11
12
2
Telecommunications Legislation Amendment Bill 2018
No. , 2018
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.
Note:
This table relates only to the provisions of this Act as originally
1
enacted. It will not be amended to deal with any later amendments of
2
this Act.
3
(2) Any information in column 3 of the table is not part of this Act.
4
Information may be inserted in this column, or information in it
5
may be edited, in any published version of this Act.
6
3 Schedules
7
Legislation that is specified in a Schedule to this Act is amended or
8
repealed as set out in the applicable items in the Schedule
9
concerned, and any other item in a Schedule to this Act has effect
10
according to its terms.
11
Access to a telecommunications transmission tower owned or operated by an NBN
corporation etc. Schedule 1
No. , 2018
Telecommunications Legislation Amendment Bill 2018
3
Schedule 1--Access to a telecommunications
1
transmission tower owned or operated
2
by an NBN corporation etc.
3
4
National Broadband Network Companies Act 2011
5
1 Section 5
6
Insert:
7
telecommunications transmission tower has the same meaning as
8
in Part 5 of Schedule 1 to the Telecommunications Act 1997.
9
2 After Subdivision B of Division 2 of Part 2
10
Insert:
11
Subdivision BA--Access to a telecommunications transmission
12
tower owned or operated by an NBN corporation etc.
13
19A Access to a telecommunications transmission tower
14
(1) If a telecommunications transmission tower (the first tower) is
15
owned or operated by an NBN corporation, the NBN corporation
16
must, if requested to do so by an eligible person, give the eligible
17
person access to the first tower if:
18
(a) the access is for the sole purpose of enabling the eligible
19
person to:
20
(i) install particular equipment on the first tower; or
21
(ii) maintain, operate or remove particular equipment
22
installed by the eligible person on the first tower; and
23
(b) in a case where subparagraph (a)(i) applies--the NBN
24
corporation is satisfied that the installation of the equipment
25
is technically feasible; and
26
(c) in a case where:
27
(i) subparagraph (a)(i) applies; and
28
(ii) there is another telecommunications transmission tower
29
in the vicinity of the first tower that is not owned or
30
operated by the NBN corporation;
31
Schedule 1 Access to a telecommunications transmission tower owned or operated by
an NBN corporation etc.
4
Telecommunications Legislation Amendment Bill 2018
No. , 2018
the NBN corporation is reasonably satisfied that it would not
1
be reasonable for the eligible person to install the equipment
2
on the other tower.
3
Note 1:
For eligible person, see section 19H.
4
Note 2:
For equipment, see section 19G.
5
Note 3:
See section 19C (reasonableness).
6
Exemptions from sections 9, 18 and 19
7
(2) If the NBN corporation gives the eligible person access to the first
8
tower in compliance with subsection (1), sections 9, 18 and 19 do
9
not apply to:
10
(a) the giving of access; or
11
(b) the supply to the eligible person of goods that are incidental
12
to the giving of access.
13
Limits on subsection (1) obligation
14
(3) Subsection (1) does not impose an obligation to the extent (if any)
15
to which the imposition of the obligation would have any of the
16
following effects:
17
(a) preventing an NBN corporation from reserving sufficient
18
space on the first tower to be able to meet the NBN
19
corporation's reasonably anticipated requirements in relation
20
to the installation of equipment, measured at the time when
21
the request was made;
22
(b) preventing a person (other than an NBN corporation) who
23
has already installed equipment on the first tower from
24
obtaining access to sufficient space on the first tower to be
25
able to meet the person's reasonably anticipated requirements
26
in relation to the installation of equipment, measured at the
27
time when the request was made;
28
(c) depriving any person of a protected contractual right.
29
(4) For the purposes of paragraph (3)(c), protected contractual right
30
means a right under a contract that was in force at the
31
commencement of this section.
32
(5) Subsection (1) does not impose an obligation to give an eligible
33
person access to the first tower if:
34
Access to a telecommunications transmission tower owned or operated by an NBN
corporation etc. Schedule 1
No. , 2018
Telecommunications Legislation Amendment Bill 2018
5
(a) the eligible person is included in a class of persons specified
1
under paragraph 19H(2)(a); and
2
(b) the imposition of the obligation would be inconsistent with a
3
limitation or restriction that, under paragraph 19H(2)(b), is
4
applicable to that class.
5
Exemption from compliance with subsection (1)--Ministerial
6
determination
7
(6) The Minister may, by legislative instrument, determine that
8
subsection (1) does not impose an obligation if the conditions
9
specified in the determination are satisfied.
10
Technically feasible
11
(7) For the purposes of this section, in determining whether it is
12
technically feasible to install particular equipment on a
13
telecommunications transmission tower, an NBN corporation must
14
have regard to:
15
(a) whether the installation of the equipment is likely to result in
16
significant difficulties of a technical or engineering nature;
17
and
18
(b) whether the installation of the equipment is likely to result in
19
a significant threat to the health or safety of persons who
20
operate, or work on, the tower; and
21
(c) if the installation of the equipment is likely to have a result
22
referred to in paragraph (a) or (b)--whether there are
23
practicable means of avoiding such a result, including (but
24
not limited to):
25
(i) changing the configuration or operating parameters of a
26
facility situated on the tower; and
27
(ii) making alterations to the tower; and
28
(d) such other matters (if any) as are relevant.
29
(8) For the purposes of subsection (7), facility has the same meaning
30
as in the Telecommunications Act 1997.
31
19B Access to the site of a telecommunications transmission tower
32
(1) If:
33
Schedule 1 Access to a telecommunications transmission tower owned or operated by
an NBN corporation etc.
6
Telecommunications Legislation Amendment Bill 2018
No. , 2018
(a) a telecommunications transmission tower owned or operated
1
by an NBN corporation is situated on a particular site, and:
2
(i) the site is owned, occupied or controlled by the NBN
3
corporation; or
4
(ii) the NBN corporation has a right (whether conditional or
5
unconditional) to use the site; and
6
(b) the NBN corporation is or was required by subsection 19A(1)
7
to give an eligible person access to the tower for the purpose
8
of enabling the eligible person to:
9
(i) install particular equipment on the tower; or
10
(ii) maintain, operate or remove particular equipment
11
installed by the eligible person on the tower;
12
the NBN corporation must, if requested to do so by the eligible
13
person:
14
(c) give the eligible person access to the site for the sole purpose
15
of enabling the eligible person to:
16
(i) install the equipment on the tower; or
17
(ii) maintain, operate or remove the equipment installed by
18
the eligible person on the tower; and
19
(d) give the eligible person access to the site for the sole purpose
20
of enabling the eligible person to:
21
(i) install particular equipment on the site, where that
22
equipment is for use in connection with the equipment
23
mentioned in paragraph (b); or
24
(ii) maintain, operate or remove the equipment first
25
mentioned in subparagraph (i).
26
Note 1:
For eligible person, see section 19H.
27
Note 2:
For site, see section 19J.
28
Note 3:
For equipment, see section 19G.
29
Exemptions from sections 9, 18 and 19
30
(2) If the NBN corporation gives the eligible person access to the site
31
in compliance with subsection (1), sections 9, 18 and 19 do not
32
apply to:
33
(a) the giving of access; or
34
(b) the supply to the eligible person of goods that are incidental
35
to the giving of access.
36
Access to a telecommunications transmission tower owned or operated by an NBN
corporation etc. Schedule 1
No. , 2018
Telecommunications Legislation Amendment Bill 2018
7
Exemption from compliance with subsection (1)--Ministerial
1
determination
2
(3) The Minister may, by legislative instrument, determine that
3
subsection (1) does not impose an obligation if the conditions
4
specified in the determination are satisfied.
5
19C Reasonableness--Ministerial determinations
6
(1) The Minister may, by legislative instrument:
7
(a) determine that, if a condition specified in the determination is
8
satisfied then, for the purposes of paragraph 19A(1)(c), it is
9
taken to be reasonable for an eligible person to install
10
equipment on a telecommunications transmission tower; or
11
(b) determine that, if a condition specified in the determination is
12
satisfied then, for the purposes of paragraph 19A(1)(c), it is
13
taken not to be reasonable for an eligible person to install
14
equipment on a telecommunications transmission tower.
15
Note:
For eligible person, see section 19H.
16
(2) A determination under subsection (1) must be an instrument of a
17
legislative character.
18
19D Publication of access terms and conditions--towers
19
(1) If a telecommunications transmission tower is owned or operated
20
by an NBN corporation, the NBN corporation must publish on its
21
website:
22
(a) the terms and conditions relating to price or a method of
23
ascertaining price; and
24
(b) other terms and conditions;
25
on which the NBN corporation offers to:
26
(c) give an eligible person access to the tower, in compliance
27
with subsection 19A(1), for the purpose of enabling the
28
eligible person to:
29
(i) install particular equipment; or
30
(ii) maintain, operate or remove particular equipment; and
31
(d) supply to an eligible person goods that are incidental to the
32
giving of that access.
33
Note:
For eligible person, see section 19H.
34
Schedule 1 Access to a telecommunications transmission tower owned or operated by
an NBN corporation etc.
8
Telecommunications Legislation Amendment Bill 2018
No. , 2018
(2) If:
1
(a) a telecommunications transmission tower is owned or
2
operated by an NBN corporation; and
3
(b) an eligible person requests the NBN corporation to:
4
(i) give the eligible person access to the tower; or
5
(ii) supply to the eligible person goods that are incidental to
6
giving the eligible person access to the tower; and
7
(c) as a result of the request, the NBN corporation has an
8
obligation under subsection 19A(1) to give access to the
9
tower or supply the goods, as the case requires; and
10
(d) in accordance with subsection (1), the NBN corporation has
11
published on its website:
12
(i) the terms and conditions relating to price or a method of
13
ascertaining price; and
14
(ii) other terms and conditions;
15
on which the NBN corporation offers to give access to the
16
tower or supply the goods, as the case requires; and
17
(e) the eligible person requests the NBN corporation to enter into
18
an agreement that:
19
(i) relates to the access to the tower or the supply of the
20
goods, as the case requires; and
21
(ii) sets out terms and conditions that are the same as the
22
terms and conditions published as mentioned in
23
paragraph (d);
24
the NBN corporation must comply with the request mentioned in
25
paragraph (e).
26
(3) If:
27
(a) a telecommunications transmission tower is owned or
28
operated by an NBN corporation; and
29
(b) an eligible person requests the NBN corporation to:
30
(i) give the eligible person access to the tower; or
31
(ii) supply to the eligible person goods that are incidental to
32
giving the eligible person access to the tower; and
33
(c) as a result of the request, the NBN corporation has an
34
obligation under subsection 19A(1) to give access to the
35
tower or supply the goods, as the case requires; and
36
Access to a telecommunications transmission tower owned or operated by an NBN
corporation etc. Schedule 1
No. , 2018
Telecommunications Legislation Amendment Bill 2018
9
(d) the access to the tower, or the supply of the goods, is not
1
covered by an agreement between the NBN corporation and
2
the eligible person;
3
the terms and conditions on which the access is given, or the goods
4
are supplied, as the case may be, are the terms and conditions that
5
were published on the NBN corporation's website, in accordance
6
with subsection (1), at the time when the request was made.
7
19E Publication of access terms and conditions--sites
8
(1) If:
9
(a) a telecommunications transmission tower owned or operated
10
by an NBN corporation is situated on a particular site; and
11
(b) either:
12
(i) the site is owned, occupied or controlled by the NBN
13
corporation; or
14
(ii) the NBN corporation has a right (whether conditional or
15
unconditional) to use the site;
16
the NBN corporation must cause to be published on its website:
17
(c) the terms and conditions relating to price or a method of
18
ascertaining price; and
19
(d) other terms and conditions;
20
on which it offers to:
21
(e) give an eligible person access to the site, in compliance with
22
subsection 19B(1), for the purpose of enabling the eligible
23
person to:
24
(i) install particular equipment; or
25
(ii) maintain, operate or remove particular equipment; and
26
(f) supply to an eligible person goods that are incidental to the
27
giving of that access.
28
Note 1:
For site, see section 19J.
29
Note 2:
For eligible person, see section 19H.
30
(2) If:
31
(a) a telecommunications transmission tower owned or operated
32
by an NBN corporation is situated on a particular site; and
33
(b) either:
34
(i) the site is owned, occupied or controlled by the NBN
35
corporation; or
36
Schedule 1 Access to a telecommunications transmission tower owned or operated by
an NBN corporation etc.
10
Telecommunications Legislation Amendment Bill 2018
No. , 2018
(ii) the NBN corporation has a right (whether conditional or
1
unconditional) to use the site; and
2
(c) an eligible person requests the NBN corporation to:
3
(i) give the eligible person access to the site; or
4
(ii) supply to the eligible person goods that are incidental to
5
giving the eligible person access to the site; and
6
(d) as a result of the request, the NBN corporation has an
7
obligation under subsection 19B(1) to give access to the site
8
or supply the goods, as the case requires; and
9
(e) in accordance with subsection (1), the NBN corporation has
10
published on its website:
11
(i) the terms and conditions relating to price or a method of
12
ascertaining price; and
13
(ii) other terms and conditions;
14
on which the NBN corporation offers to give access to the
15
site or supply the goods, as the case requires; and
16
(f) the eligible person requests the NBN corporation to enter into
17
an agreement that:
18
(i) relates to the access to the site or the supply of the
19
goods, as the case requires; and
20
(ii) sets out terms and conditions that are the same as the
21
terms and conditions published as mentioned in
22
paragraph (e);
23
the NBN corporation must comply with the request mentioned in
24
paragraph (f).
25
(3) If:
26
(a) a telecommunications transmission tower owned or operated
27
by an NBN corporation is situated on a particular site; and
28
(b) either:
29
(i) the site is owned, occupied or controlled by the NBN
30
corporation; or
31
(ii) the NBN corporation has a right (whether conditional or
32
unconditional) to use the site; and
33
(c) an eligible person requests the NBN corporation to:
34
(i) give the eligible person access to the site; or
35
(ii) supply to the eligible person goods that are incidental to
36
giving the eligible person access to the site; and
37
Access to a telecommunications transmission tower owned or operated by an NBN
corporation etc. Schedule 1
No. , 2018
Telecommunications Legislation Amendment Bill 2018
11
(d) as a result of the request, the NBN corporation has an
1
obligation under subsection 19B(1) to give access to the site
2
or supply the goods, as the case requires; and
3
(e) the access to the site, or the supply of the goods, is not
4
covered by an agreement between the NBN corporation and
5
the eligible person;
6
the terms and conditions on which the access is given, or the goods
7
are supplied, as the case may be, are the terms and conditions that
8
were published on the NBN corporation's website, in accordance
9
with subsection (1), at the time when the request was made.
10
19F Terms and conditions of access to be on a non-discriminatory
11
basis
12
Telecommunications transmission towers
13
(1) If a telecommunications transmission tower is owned or operated
14
by an NBN corporation, the NBN corporation must not, in
15
determining:
16
(a) the terms and conditions relating to price or a method of
17
ascertaining price; and
18
(b) other terms and conditions;
19
on which the NBN corporation:
20
(c) gives an eligible person access to the tower, in compliance
21
with subsection 19A(1), for the purpose of enabling the
22
eligible person to:
23
(i) install particular equipment; or
24
(ii) maintain, operate or remove particular equipment; and
25
(d) supplies to an eligible person goods that are incidental to the
26
giving of that access;
27
discriminate between eligible persons who seek or obtain access in
28
such circumstances.
29
Note:
For eligible person, see section 19H.
30
Sites
31
(2) If:
32
(a) a telecommunications transmission tower owned or operated
33
by an NBN corporation is situated on a particular site; and
34
(b) either:
35
Schedule 1 Access to a telecommunications transmission tower owned or operated by
an NBN corporation etc.
12
Telecommunications Legislation Amendment Bill 2018
No. , 2018
(i) the site is owned, occupied or controlled by the NBN
1
corporation; or
2
(ii) the NBN corporation has a right (whether conditional or
3
unconditional) to use the site;
4
the NBN corporation must not, in determining:
5
(c) the terms and conditions relating to price or a method of
6
ascertaining price; and
7
(d) other terms and conditions;
8
on which the NBN corporation:
9
(e) gives an eligible person access to the site, in compliance with
10
subsection 19B(1), for the purpose of enabling the eligible
11
person to:
12
(i) install particular equipment; or
13
(ii) maintain, operate or remove particular equipment; and
14
(f) supplies to an eligible person goods that are incidental to the
15
giving of that access;
16
discriminate between eligible persons who seek or obtain access in
17
such circumstances.
18
19G Equipment
19
(1) For the purposes of this Subdivision, equipment means:
20
(a) a facility (within the meaning of the Telecommunications Act
21
1997); or
22
(b) an antenna; or
23
(c) a measuring device; or
24
(d) an apparatus; or
25
(e) a thing that belongs to a class of things specified under
26
subsection (2).
27
(2) The Minister may, by legislative instrument, specify one or more
28
classes of things for the purposes of paragraph (1)(e).
29
19H Eligible person
30
(1) For the purposes of this Subdivision, eligible person means:
31
(a) a police force or service; or
32
(b) a fire service; or
33
(c) an ambulance service; or
34
Access to a telecommunications transmission tower owned or operated by an NBN
corporation etc. Schedule 1
No. , 2018
Telecommunications Legislation Amendment Bill 2018
13
(d) a State or Territory emergency services organisation; or
1
(e) a person who is included in a class of persons specified under
2
paragraph (2)(a).
3
(2) The Minister may, by legislative instrument, do any or all of the
4
following:
5
(a) specify one or more classes of persons for the purposes of
6
paragraph (1)(e);
7
(b) for a class specified under paragraph (a)--declare that one or
8
more specified limitations or restrictions are applicable to
9
that class for the purposes of subsection 19A(5).
10
(3) The Minister must not make a legislative instrument under
11
subsection (2) unless the Minister is satisfied that it is in the public
12
interest to do so.
13
(4) Before making a legislative instrument under subsection (2), the
14
Minister must consult the Minister who administers the Australian
15
Federal Police Act 1979.
16
19J Site
17
For the purposes of this Subdivision, site means:
18
(a) land; or
19
(b) a building on land; or
20
(c) a structure on land.
21
19K Goods
22
For the purposes of this Subdivision, goods includes electricity.
23
3 Section 37
24
After "19,", insert "19A, 19B, 19D, 19E, 19F,".
25
4 Subsection 38(2)
26
After "19,", insert "19A, 19B, 19D, 19E, 19F,".
27
5 Section 39
28
After "19,", insert "19A, 19B, 19D, 19E, 19F,".
29
Schedule 1 Access to a telecommunications transmission tower owned or operated by
an NBN corporation etc.
14
Telecommunications Legislation Amendment Bill 2018
No. , 2018
6 Section 40
1
After "19,", insert "19A, 19B, 19D, 19E, 19F,".
2
Temporary facilities Schedule 2
No. , 2018
Telecommunications Legislation Amendment Bill 2018
15
Schedule 2--Temporary facilities
1
2
Telecommunications Act 1997
3
1 Clause 2 of Schedule 3
4
Insert:
5
high-demand holiday period means:
6
(a) a period of a single day; or
7
(b) a period of 2 or more consecutive days;
8
where that day, or each of those days, as the case may be, is:
9
(c) a public holiday, or a public school holiday, in any State or
10
internal Territory; or
11
(d) a Saturday or a Sunday of a weekend immediately preceding
12
a Monday that is a public holiday, or public school holiday,
13
in any State or internal Territory; or
14
(e) a Saturday or a Sunday of a weekend next following a Friday
15
that is a public holiday, or public school holiday, in any State
16
or internal Territory.
17
public land means land that:
18
(a) is the property of:
19
(i) the Commonwealth, a State or a Territory; or
20
(ii) a local government body; or
21
(iii) an authority of the Commonwealth or of a State or
22
Territory; and
23
(b) is a public place.
24
2 Paragraphs 6(5)(a) and (b) of Schedule 3
25
Repeal the paragraphs, substitute:
26
(a) both:
27
(i) the tower is attached to a building; and
28
(ii) the height of the tower does not exceed 5 metres; or
29
(b) the following conditions are satisfied:
30
(i) the tower is a temporary facility that is installed to
31
minimise disruption to the supply of a carriage service
32
that might result from the maintenance of another
33
facility;
34
Schedule 2 Temporary facilities
16
Telecommunications Legislation Amendment Bill 2018
No. , 2018
(ii) in a case where the tower is installed in a rural area
1
(within the meaning of the instrument)--the height of
2
the tower does not exceed 30 meters or the height of the
3
other facility, whichever is the higher;
4
(iii) in a case where the tower is not installed in a rural area
5
(within the meaning of the instrument)--the height of
6
the tower does not exceed 30 metres;
7
(iv) in a case where it is practicable to achieve the purpose
8
mentioned in subparagraph (i) by installing the tower on
9
the land on which the other facility is located--the
10
tower is installed on that land;
11
(v) in a case where subparagraph (iv) does not apply, but it
12
is practicable to achieve the purpose mentioned in
13
subparagraph (i) by installing the tower on public
14
land--the tower is installed on public land;
15
(vi) in a case where neither subparagraph (iv) nor (v)
16
applies--the tower is installed in the vicinity of the
17
other facility; or
18
(c) the following conditions are satisfied:
19
(i) the tower is a temporary facility that is installed to
20
minimise disruption to the supply of a carriage service
21
that might result from carrying out the replacement of
22
another facility;
23
(ii) in a case where the tower is installed in a rural area
24
(within the meaning of the instrument)--the height of
25
the tower does not exceed 30 meters or the height of the
26
other facility, whichever is the higher;
27
(iii) in a case where the tower is not installed in a rural area
28
(within the meaning of the instrument)--the height of
29
the tower does not exceed 30 metres;
30
(iv) in a case where it is practicable to achieve the purpose
31
mentioned in subparagraph (i) by installing the tower on
32
the land on which the other facility is located--the
33
tower is installed on that land;
34
(v) in a case where subparagraph (iv) does not apply, but it
35
is practicable to achieve the purpose mentioned in
36
subparagraph (i) by installing the tower on public
37
land--the tower is installed on public land;
38
Temporary facilities Schedule 2
No. , 2018
Telecommunications Legislation Amendment Bill 2018
17
(vi) in a case where neither subparagraph (iv) nor (v)
1
applies--the tower is installed in the vicinity of the
2
other facility; or
3
(d) the following conditions are satisfied:
4
(i) the tower is a temporary facility that is installed to
5
provide additional capacity to supply carriage services
6
to persons who are attending an event at a venue;
7
(ii) the height of the tower does not exceed 30 metres;
8
(iii) in a case where it is practicable to achieve the purpose
9
mentioned in subparagraph (i) by installing the tower on
10
the land on which the venue is located--the tower is
11
installed on that land;
12
(iv) in a case where subparagraph (iii) does not apply, but it
13
is practicable to achieve the purpose mentioned in
14
subparagraph (i) by installing the tower on public
15
land--the tower is installed on public land;
16
(v) in a case where neither subparagraph (iii) nor (iv)
17
applies--the tower is installed in the vicinity of the
18
venue; or
19
(e) the following conditions are satisfied:
20
(i) the tower is a temporary facility that is installed to
21
provide additional capacity to supply carriage services
22
to persons who are attending any or all of 2 or more
23
events at a venue;
24
(ii) the intervals between those events are not longer than
25
28 days;
26
(iii) the height of the tower does not exceed 30 metres;
27
(iv) in a case where it is practicable to achieve the purpose
28
mentioned in subparagraph (i) by installing the tower on
29
the land on which the venue is located--the tower is
30
installed on that land;
31
(v) in a case where subparagraph (iv) does not apply, but it
32
is practicable to achieve the purpose mentioned in
33
subparagraph (i) by installing the tower on public
34
land--the tower is installed on public land;
35
(vi) neither subparagraph (iv) nor (v) applies--the tower is
36
installed in the vicinity of the venue; or
37
(f) the following conditions are satisfied:
38
Schedule 2 Temporary facilities
18
Telecommunications Legislation Amendment Bill 2018
No. , 2018
(i) the tower is a temporary facility installed to provide
1
additional capacity to supply carriage services to
2
persons who are physically present in a particular area
3
during a high-demand holiday period;
4
(ii) the height of the tower does not exceed 30 metres;
5
(iii) the tower is installed on public land; or
6
(g) the tower is a temporary facility that is installed wholly or
7
partly to provide capacity to supply carriage services to one
8
or more emergency services organisations (within the
9
meaning of the instrument) so that those organisations can
10
deal with an emergency or natural disaster.
11
3 After subclause 6(5) of Schedule 3
12
Insert:
13
(5A) For the purposes of paragraph (5)(b), maintenance has the same
14
meaning as in clause 7.
15
(5B) For the purposes of paragraphs (5)(d) and (e), each of the following
16
is an example of an event:
17
(a) a sporting event;
18
(b) a musical event;
19
(c) a cultural event.
20
(5C) For the purposes of paragraphs (5)(b), (c), (d), (e) and (f), the
21
height of a tower or facility is the distance between:
22
(a) the top of the tower or facility; and
23
(b) ground level.
24
4 After subclause 7(3) of Schedule 3
25
Insert:
26
(3A) A reference in this clause to the maintenance of a facility (the
27
original facility) includes a reference to the installation of a
28
temporary facility (other than a tower within the meaning of
29
subclause 6(5)), where the following conditions are satisfied:
30
(a) the temporary facility is installed to minimise disruption to
31
the supply of a carriage service that might result from the
32
maintenance of the original facility;
33
(b) in a case where it is practicable to achieve the purpose
34
mentioned in paragraph (a) by installing the temporary
35
Temporary facilities Schedule 2
No. , 2018
Telecommunications Legislation Amendment Bill 2018
19
facility on the land on which the original facility is located--
1
the temporary facility is installed on that land;
2
(c) in a case where paragraph (b) does not apply, but it is
3
practicable to achieve the purpose mentioned in paragraph (a)
4
by installing the temporary facility on public land--the
5
temporary facility is installed on public land;
6
(d) in a case where neither paragraph (b) nor (c) applies--the
7
temporary facility is installed in the vicinity of the original
8
facility.
9
5 After clause 8 of Schedule 3
10
Insert:
11
8A Carrier to remove temporary facilities
12
(1) If:
13
(a) a carrier installs a low-impact facility under Division 3; and
14
(b) the installation is covered by paragraph 6(5)(b);
15
the carrier must remove the facility within 28 days after the
16
completion of the maintenance mentioned in that paragraph.
17
(2) If:
18
(a) a carrier installs a low-impact facility under Division 3; and
19
(b) the installation is covered by paragraph 6(5)(c);
20
the carrier must remove the facility within 28 days after the
21
completion of the replacement mentioned in that paragraph.
22
(3) If:
23
(a) a carrier installs a low-impact facility under Division 3; and
24
(b) the installation is covered by paragraph 6(5)(d);
25
the carrier must remove the facility within 28 days after the end of
26
the event mentioned in that paragraph.
27
(4) If:
28
(a) a carrier installs a low-impact facility under Division 3; and
29
(b) the installation is covered by paragraph 6(5)(e);
30
the carrier must remove the facility within 28 days after the end of
31
the last of the events mentioned in that paragraph.
32
(5) If:
33
Schedule 2 Temporary facilities
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Telecommunications Legislation Amendment Bill 2018
No. , 2018
(a) a carrier installs a low-impact facility under Division 3; and
1
(b) the installation is covered by paragraph 6(5)(g);
2
the carrier must remove the facility within 28 days after the facility
3
ceases to be needed to provide capacity to supply carriage services
4
to one or more emergency services organisations (within the
5
meaning of that paragraph) so that those organisations can deal
6
with an emergency or natural disaster.
7
(6) If:
8
(a) a carrier installs a facility under Division 4; and
9
(b) the installation is covered by subclause 7(3A);
10
the carrier must remove the facility within 28 days after the
11
completion of the maintenance mentioned in paragraph 7(3A)(a).
12
(7) For the purposes of this clause, low-impact facility has the same
13
meaning as in clause 6.
14
8B Low-impact facility installed at or near a venue--annual limit
15
(1) If:
16
(a) a carrier installs one or more low-impact facilities at a
17
particular place under Division 3; and
18
(b) those installations are covered by paragraph 6(5)(d) or (e);
19
the carrier must ensure that the total number of days in a calendar
20
year on which those facilities remain at that place does not exceed
21
183.
22
(2) For the purposes of this clause, low-impact facilities has the same
23
meaning as in clause 6.
24
8C Low-impact facility installed to provide additional capacity
25
during a high-demand holiday period--annual limit
26
(1) If:
27
(a) a carrier installs one or more low-impact facilities at a
28
particular place under Division 3; and
29
(b) the installation is covered by paragraph 6(5)(f);
30
the carrier must ensure that the total number of days in a calendar
31
year on which those facilities remain at that place does not exceed
32
90.
33
Temporary facilities Schedule 2
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Telecommunications Legislation Amendment Bill 2018
21
(2) For the purposes of this clause, low-impact facilities has the same
1
meaning as in clause 6.
2
6 Clause 9 (heading) of Schedule 3
3
Repeal the heading, substitute:
4
9 Carrier to restore land--general
5
7 After clause 9 of Schedule 3
6
Insert:
7
9A Carrier to restore land--removal of temporary facilities
8
(1) If:
9
(a) a carrier installs a low-impact facility under Division 3 on
10
particular land; and
11
(b) the installation of the facility is covered by paragraph 6(5)(b),
12
(c), (d), (e), (f) or (g); and
13
(c) the carrier removes the facility;
14
the carrier must take all reasonable steps to ensure that the land is
15
restored to a condition that is similar to its condition before the
16
installation began.
17
(2) If:
18
(a) a carrier installs a facility under Division 4 on particular land;
19
and
20
(b) the installation of the facility is covered by subclause 7(3A);
21
and
22
(c) the carrier removes the facility;
23
the carrier must take all reasonable steps to ensure that the land is
24
restored to a condition that is similar to its condition before the
25
installation began.
26
(3) If the installation of the facility is covered by paragraph 6(5)(b),
27
(c), (d), (e), (f) or (g), the carrier must take all reasonable steps to
28
ensure that the restoration begins within 10 business days after the
29
removal of the facility.
30
Schedule 2 Temporary facilities
22
Telecommunications Legislation Amendment Bill 2018
No. , 2018
(4) If the installation of the facility is covered by subclause 7(3A), the
1
carrier must take all reasonable steps to ensure that the restoration
2
begins within 10 business days after the removal of the facility.
3
(5) The rule in subclause (3) or (4) does not apply if the carrier agrees
4
with:
5
(a) the owner of the land; and
6
(b) if the land is occupied by a person other than the owner--the
7
occupier;
8
to commence restoration at a time after the end of that period of 10
9
business days.
10
(6) For the purposes of this clause, low-impact facility has the same
11
meaning as in clause 6.
12
8 At the end of clause 17 of Schedule 3
13
Add:
14
(8) Subclause (1) does not apply if:
15
(a) the carrier intends to install a low-impact facility under
16
Division 3; and
17
(b) the installation of the facility is covered by paragraph 6(5)(g).
18
(9) For the purposes of this clause, low-impact facility has the same
19
meaning as in clause 6.
20