{"id":"F2023L01641","name":"Telecommunications (Fibre-ready Facilities — Exempt Real Estate Development Projects) Instrument 2023","slug":"telecommunications-fibre-ready-facilities-exempt-real-estate-development-projects-instrument-2023","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":442205,"registerId":"F2023L01641-fast-fetch-1775957269412","compilationNumber":null,"startDate":"2026-04-12","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Telecommunications (Fibre-ready Facilities — Exempt Real Estate Development Projects) Instrument 2023","content":"---\nmeta-content-style-type: text/css\nmeta-content-type: application/xhtml+xml; charset=utf-8\n---\n\n?xml version=\"1.0\" encoding=\"utf-8\" standalone=\"no\"?>\n\n![Commonwealth Coat of Arms of Australia](image.001.jpeg)\n\n \n\nTelecommunications (Fibre-ready Facilities — Exempt Real Estate Development Projects) Instrument 2023\n\nI, Michelle Rowland, Minister for Communications make the following instrument.\n\nDated 4 December 2023   \n\nMichelle Rowland\n\nMinister for Communications\n\n \n\n \n\n \n\nContents\n\n1  Name\n\n2  Commencement\n\n3  Authority\n\n4  Definitions\n\n5  Schedules\n\n6  Exempt real estate development projects\n\nSchedule 1—Repeals\n\nTelecommunications (Fibre-ready Facilities — Exempt Real Estate Development Projects) Instrument 2021\n\n \n\n1  Name\n\n  This instrument is the Telecommunications (Fibre-ready Facilities — Exempt Real Estate Development Projects) Instrument 2023.\n\n2  Commencement\n\n  This instrument commences on the day after this instrument is registered.\n\n3  Authority\n\n  This instrument is made under paragraphs 372K(1)(b), (c), (d), (e) and (f) of the Telecommunications Act 1997.\n\n4  Definitions\n\nNote: A number of expressions used in this instrument are defined in the Act, including the following:\n\n(a) building lot (section 7);\n\n(b) building unit (section 7);\n\n(c) fibre-ready facility (section 7);\n\n(d) fixed-line facility (section 7);\n\n(e) project area (section 7); \n\n(f) proximity (section 372Y);\n\n(g) real estate development project (section 7);\n\n(h)    service area (section 360A);\n\n(i) statutory infrastructure provider (section 360A).\n\n(j) telecommunications network (section 7).\n\n \n\n(1)     In this instrument:\n\nAct means the Telecommunications Act 1997.\n\nfixed-line SIP network means any fixed-line telecommunications network that is owned or controlled by, or operated by, or on behalf of, a relevant SIP or a related entity of a relevant SIP.\n\nfixed-line SIP network region means a geographic region with an ascertainable boundary that has been determined by a relevant SIP within which a fixed-line telecommunications network is deployed or planned to be deployed. \n\nheadworks means underground utility infrastructure that is installed at the point from which existing underground infrastructure ends, to the boundary of a real estate development project.\n\nrelevant SIP means a statutory infrastructure provider for a service area within which a project area is located.  \n\n5  Schedules\n\n  Each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.\n\n6  Exempt real estate development projects \n\n(1)    Pursuant to paragraph 372K(1)(b) of the Act, a real estate development project ascertained in accordance with the following table, is exempt from the requirements in sections 372E, 372F, 372G and 372H of the Act, provided that subsection (4) is satisfied.\n\n- Exempt real estate development projects\n- Column 1 Column 2\n- Item Exemption\n- 1 Any real estate development project in respect of which (at the relevant time) all of the following apply:(a) no part of the project area is located inside the fixed-line SIP network region of a relevant SIP; (b) a relevant SIP has provided written notice to the person responsible for the project that the relevant SIP will not install a fixed-line network inside a project area; (c) there is no new underground utility infrastructure installed or planned to be installed in proximity to each building lot situated in the project area, as part of the project, or as headworks to service the project.\n- 2 Any real estate development project in respect of which (at the relevant time): (a) where items 1(a) and (b) above apply; and (b) a relevant SIP has provided written notice to the person responsible for the project that the relevant SIP will not take ownership of any fibre-ready facilities located inside a project area.\n\n\nNote: Subsection 13(3) of the Legislation Act 2003 allows specification of matters by class or classes of           matters.\n\n \n\n(2)    If, after receiving a written request from the person responsible for the real estate development project (the responsible person) in respect of the matters set out in item 1(b) or item 2(b) in the table to subsection (1), a relevant SIP for that service area does not provide written notice within 30 business days of the day after receiving the responsible person’s written request, or otherwise by a later date agreed in writing between the parties, the relevant SIP will be taken to have provided written notice in accordance with item 1(b) or item 2(b) (as the case applies).\n\n(3)    For the avoidance of doubt, where there is more than one relevant SIP for a service area:\n\n(a)    item 1(b) or item 2(b) in the table to subsection (1) applies if one of the relevant SIPs has provided written notice (as the case applies); and\n\n(b)    subsection (2) applies if one of the relevant SIPs has received a written request from the person responsible for the real estate development project. \n\n(4)    The person responsible for the real estate development project (or a person on behalf of the real estate development project) has provided to the Secretary of the Department a written notice setting out the following details about the project for which the exemption under this instrument is claimed:\n\n(a)    the name of the development (if available);\n\n(b)    the development’s stage name or number (if available);\n\n(c)    the development type, in terms of whether it is ‘residential’, ‘commercial’, ‘industrial’, ‘mixed development’, ‘public/private institution’ or ‘other’;\n\n(d)    the total estimated number of building lots or building units in the development;\n\n(e)    whether any part of the project area is located inside the fixed-line SIP network region of a relevant SIP;\n\n(f)     whether there is any new underground utility infrastructure installed or planned to be installed in proximity to each building lot situated in the project area, as part of the development, or as headworks to service the development;\n\n(g)      any of the following:\n\n(i)                  the location and boundary of the development; or\n\n(ii)               the lot/plan number of the development; or\n\n(iii)             the address of the development;\n\n(h)    in circumstances where subsection (2) does not apply, the written notice provided by a relevant SIP pursuant to item 1(b) or item 2(b) in the table to subsection (1); and \n\n(i)     in circumstances where subsection (2) applies, either (as applicable):\n\n(i)                  the written request sent to the relevant SIP to which the relevant SIP did not provide written notice; or\n\n(ii)               the written correspondence between the person responsible for the real estate development project and the relevant SIP agreeing to a later date than 30 business days of the day after the relevant SIP receives the written request. \n\n \n\n \n\nSchedule 1—Repeals\n\nTelecommunications (Fibre-ready Facilities — Exempt Real Estate Development Projects) Instrument 2021\n\n \n\n1  The whole of the instrument\n\nRepeal the instrument.\n\n \n\n \n\n \n\n \n\n \n\n \n\n \n\n \n\n \n\n \n\n \n","sortOrder":0}],"analysis":{"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":false,"description":"This is a straightforward remake of the 2021 instrument with identical substantive scope. It maintains the same exemption framework for real estate development projects from fibre-ready facility requirements. The only change is the repeal of the 2021 instrument, suggesting this is a standard sunsetting/re-enactment process rather than scope expansion."},"complexity_factors":["Multiple cross-references to the Telecommunications Act 1997 (sections 7, 360A, 372E-H, 372K, 372Y)","Nested conditional logic: exemption depends on satisfying subsection (4), which itself has 9 separate notification requirements","Deemed consent mechanism in subsection (2) creating legal fiction","Multi-party scenarios addressed in subsection (3) where multiple SIPs exist for one service area","10 defined terms in section 4 plus 9 terms defined externally in the Act","Table-based structure for exemptions with interdependent conditions (items 1 and 2 share elements)","Temporal condition \"at the relevant time\" creating timing-sensitive compliance"],"plain_english_summary":"This instrument lets certain new residential, commercial or industrial developments skip mandatory “fibre‑ready” infrastructure when it’s impractical or uneconomic. It affects property developers, statutory infrastructure providers (SIPs) and future occupants by creating a narrow exemption where a SIP won’t or won’t respond about serving the area and there’s no new underground utility work. It prevents forcing costly, unused fibre installs while requiring written confirmation (or 30 business days’ silence) as a record of service intent."},"flash_summary":{"complexity_score":4,"scope_assessment":{"changed":true,"description":"This instrument repeals the 2021 Instrument in full (Schedule 1) and sets the current exemption regime (s6). It codifies defined terms (s4), clarifies the three conditions that must be met for an exemption (s6(1)), adds a deemed‑notice rule if a SIP does not respond within 30 business days (s6(2)), provides rules for multiple SIPs (s6(3)), and requires a written notice to the Secretary with specified project details to claim the exemption (s6(4)). As a result, coverage now depends on these updated definitions and procedural steps."},"complexity_factors":["Dependence on multiple definitions in the Telecommunications Act 1997 (referenced in s4), so applying the instrument requires checking external statutory meanings.","Conditional exemption logic in s6(1) ties relief to three concurrent factual tests (location relative to a SIP network region, written SIP notice, and absence of new underground headworks).","Deemed‑notice mechanism in s6(2) (30 business days) creates a procedural timetable and potential timing disputes between developers and SIPs.","Interaction rule for multiple SIPs in s6(3) requires treating any one SIP’s notice or non‑response as sufficient, which affects coordination and risk allocation.","Mandatory disclosure to the Secretary in s6(4) imposes a specified documentation and compliance burden on the person responsible for the development.","Instrument repeals the 2021 Instrument in full (Schedule 1), so prior arrangements or expectations under the earlier instrument may no longer apply.","Delegated factual determinations (e.g. SIPs determining ‘fixed‑line SIP network region’) introduce administrative discretion that affects scope on a case‑by‑case basis."],"plain_english_summary":"This instrument exempts certain real estate development projects from requirements to provide fibre‑ready facilities under the Telecommunications Act 1997 when set conditions are met: the project is outside a statutory infrastructure provider’s (SIP’s) fixed‑line network region, the SIP has (or is taken to have) given written notice it will not install a fixed‑line network or take ownership of fibre‑ready facilities, and no new underground utility headworks are installed near lots. The developer must notify the Department with specified project details to claim the exemption; SIPs’ written notices (or deemed notices after 30 business days) trigger the exemption."},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"}},"importantCases":[],"_links":{"self":"/api/acts/telecommunications-fibre-ready-facilities-exempt-real-estate-development-projects-instrument-2023","history":"/api/acts/telecommunications-fibre-ready-facilities-exempt-real-estate-development-projects-instrument-2023/history","analysis":"/api/acts/telecommunications-fibre-ready-facilities-exempt-real-estate-development-projects-instrument-2023/analysis","conflicts":"/api/acts/telecommunications-fibre-ready-facilities-exempt-real-estate-development-projects-instrument-2023/conflicts","importantCases":"/api/acts/telecommunications-fibre-ready-facilities-exempt-real-estate-development-projects-instrument-2023/important-cases","documents":"/api/acts/telecommunications-fibre-ready-facilities-exempt-real-estate-development-projects-instrument-2023/documents"}}