{"id":"F2022L00328","name":"Telecommunications (Fibre-Ready Facilities in Real Estate Development Projects and Other Matters) Instrument 2022","slug":"telecommunications-fibre-ready-facilities-in-real-estate-development-projects-and-other-matters-inst","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":441279,"registerId":"F2022L00328-fast-fetch-1775956625952","compilationNumber":null,"startDate":"2026-04-12","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Telecommunications (Fibre-Ready Facilities in Real Estate Development Projects and Other Matters) Instrument 2022","content":"---\nmeta-content-style-type: text/css\nmeta-content-type: application/xhtml+xml; charset=utf-8\nmeta-generator: Aspose.Words for .NET 22.10.0\ntitle: FINAL Fibre-ready Facilities in Real Estate Development Projects and Other Matters\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 in Real Estate Development Projects and Other Matters) Instrument 2022\n\nI, Paul Fletcher, Minister for Communications, Urban Infrastructure, Cities and the Arts, make the following instrument.\n\nDated 10 March 2022   \n\nPaul Fletcher\n\nMinister for Communications, Urban Infrastructure, Cities and the Arts\n\n \n\n \n\n \n\nContents\n\nPart 1—Preliminary\n\n1  Name\n\n2  Commencement\n\n3  Authority\n\n4  Definitions\n\n5  Schedules\n\nPart 2—Fibre-ready facility\n\n6  Specification of above ground fixed-line facilities that are fibre-ready facilities\n\nPart 3—Exemption from requirement to install fibre-ready facilities\n\nDivision 1—Exempt conduct\n\n7  Exemptions\n\n8  Reasonable belief in relation to the installation of fibre-ready facilities\n\nDivision 2—Exemption for real estate development projects from sale and lease limitation\n\n9  Exemption from requirements of section 372G – Subdivisions\n\n10  Exemption from requirements of section 372H – Other projects\n\nSchedule 1—Repeals\n\nTelecommunications (Fibre-Ready Facilities in Real Estate Development Projects and Other Matters) Instrument 2011\n\n \n\nPart 1—Preliminary\n\n1  Name\n\n  This instrument is the Telecommunications (Fibre-Ready Facilities in Real Estate Development Projects and Other Matters) Instrument 2022.\n\n2  Commencement\n\n (1) Each provision of this instrument 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.\n\n \n\n- Commencement information\n- Column 1 Column 2 Column 3\n- Provisions Commencement Date/Details\n- 1. The whole of this instrument. The day after this instrument is registered.\n\n\nNote: This table relates only to the provisions of this instrument as originally made. It will not be amended to deal with any later amendments of this instrument.\n\n (2) Any information in column 3 of the table is not part of this instrument. Information may be inserted in this column, or information in it may be edited, in any published version of this instrument.\n\n3  Authority\n\n  This instrument is made under paragraphs 372K(1)(e) and (f), subsection 372K(3) and subparagraph 372W(1)(b)(ii) 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) carriage service provider (section 7);\n\n(d) carrier (section 7);\n\n(e) facility (section 7);\n\n(f) fibre-ready facility (section 7);\n\n(g) fixed-line facility (section 7);\n\n(h) hybrid fibre-coaxial network (section 7);\n\n(i) line (section 7);\n\n(j) optical fibre line (section 7);\n\n(k) project area (section 7);\n\n(l) proximity (section 372Y);\n\n(m) real estate development project (section 7).\n\n \n\n  In this instrument:\n\nAct means the Telecommunications Act 1997.\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\n\n\n\nPart 2—Fibre-ready facility\n\n6  Specification of above ground fixed-line facilities that are fibre-ready facilities\n\n  A fixed-line facility is specified for the purposes of subparagraph 372W(1)(b)(ii) of the Act if it satisfies one or more of the following:\n\n (a) is suspended above the surface of land or a body of water; or\n\n (b) is placed or attached, on or above the surface of land or a body of water; or\n\n (c) is placed or attached, on or within a building, structure or other thing located on, or above the surface of land or a body of water; or\n\n (d) is protruding from the surface of land or a body of water; or\n\n (e) is otherwise located above the surface of land or a body of water.\n\n\n3—Exemption from requirement to install fibre-ready facilities\n\nDivision 1—Exempt conduct\n\n7  Exemptions\n\nExempt conduct – installation of fixed-line facilities related to copper or hybrid fibre-coaxial\n\n (1) Pursuant to subsection 372K(3) of the Act, the installation of fixed-line facilities (other than fibre-ready facilities) for use in connection with either or both of the following:\n\n (a) a copper-based telecommunications network;\n\n (b) a hybrid fibre-coaxial network;\n\n  is exempt from the requirements in subsections 372E(2) and 372F(2) of the Act, if the conditions specified in subsection (2) or (3) (as applicable) are satisfied.\n\n (2) Subject to subsection (3), the following conditions are specified for the purposes of subsection (1):\n\n (a) underground fibre-ready facilities  have already been installed in proximity to each building lot or building unit situated in the project area; or\n\n (b) underground fibre-ready facilities are installed at the same time in proximity to each building or building unit situated in the project area; or\n\n (c) both of the following apply:\n\n (i) the person installing the fixed-line facilities has a reasonable belief that underground fibre-ready facilities  will be installed within 12 months of the installation of the fixed-line facility in proximity to each building lot or building unit situated in the project area; and\n\n (ii) all of the fixed-line facilities are to be installed in proximity to connect no more than 10 building lots or building units.\n\n (3) Where it is not reasonably practical to install underground fibre-ready facilities in the project area, having regard to the nature and composition of the land in the project area and the direct cost associated with such an installation, the following conditions are specified for the purposes of subsection (1):\n\n (a) above ground fibre-ready facilities have already been installed in proximity to each building lot or building unit situated in the project area; or\n\n (b) above ground fibre-ready facilities are installed at the same time in proximity to each building lot or building unit situated in the project area; or\n\n (c) both of the following apply:\n\n (i) the person installing the fixed-line facilities has a reasonable belief that above ground fibre-ready facilities will be installed within 12 months of the installation of the fixed-line facility in proximity to each building lot or building unit situated in the project area; and\n\n (ii) all of the fixed-line facilities are to be installed in proximity to connect no more than 10 building lots or building units.\n\nExempt conduct – installation of minor supplementary fixed-line facilities etc.\n\n (4) Pursuant to subsection 372K(3) of the Act, the installation of fixed-line facilities (other than fibre-ready facilities) in a real estate development project is exempt from the requirements in subsections 372E(2) and 372F(2) of the Act, subject to all of the conditions specified in subsection (5) being satisfied.  \n\n (5) The following conditions are specified for the purposes of subsection (4):  \n\n  (a) prior to 27 September 2011, fixed-line facilities (other than fibre-ready facilities) were installed and for use, in connection with a line (other than an optical fibre line) in the project area; and\n\n (b) the installation of the fixed-line facilities constitutes one or more of the following:\n\n (i) a minor supplementation that does not include any form of extension;\n\n (ii) an ancillary extension of no more than 30 metres;\n\n (iii) a minor replacement;\n\n (iv) a minor modification;\n\n (v) the relocation to a new location; and\n\n (c) it is not either:\n\n (i) reasonably practical (having regard to the direct cost associated with such an installation); or\n\n (ii) technically feasible;\n\nto supplement, extend, replace, modify, or relocate the facilities mentioned in paragraph (a) with fibre-ready facilities.\n\n8  Reasonable belief in relation to the installation of fibre-ready facilities\n\n  For the purposes of section 7, circumstances in which a person is taken to have a reasonable belief that installation of a particular type of fibre-ready facilities will occur in the project area within the following 12 months include (without limitation) where:\n\n(a)  the project area is identified as an area in which the particular type of fibre-ready facilities will be installed within the following 12 months, in information published by any of the following:\n\n (i) a carrier;\n\n (ii) a carriage service provider;\n\n (iii) any other telecommunications infrastructure provider; or\n\n (b) a legally enforceable agreement for the type of fibre-ready facilities to be installed within the following 12 months has been entered into by any of the following :\n\n (i) a carrier;\n\n (ii) a carriage service provider;\n\n (iii) a person responsible for a real estate development project;\n\n (iv) any other telecommunications infrastructure provider.\n\nDivision 2—Exemption for real estate development projects from sale and lease limitation\n\n9  Exemption from requirements of section 372G – Subdivisions\n\n  Pursuant to paragraph 372K(1)(e) of the Act, a real estate development project specified in, or ascertained in accordance with the following table is exempt from the requirements in section 372G of the Act:\n\n \n\n- Real estate development projects exempt from requirements in section 372G\n- Item Exemption\n- 1 Any real estate development project in which (at the relevant time) fixed-line facilities (other than fibre-ready facilities) have been installed in accordance with an exemption granted under subsection 372K(3) of the Act from the requirements of either or both of the following provisions, as specified in, or ascertained in accordance with section 7: (a) subsection 372E(2) of the Act; (b) subsection 372F(2) of the Act.\n- 2 Any real estate development project where:(a) prior to 27 September 2011, fixed-line facilities (other than fibre-ready facilities) were installed and for use in connection with a line (other than an optical fibre line) in the project area; and(b) prior to sale or lease of a building lot or building unit, no other fixed line facilities are installed in the project area, and the facilities mentioned in paragraph (a) are for use, or re-use, in connection with a line (other than an optical fibre line) in the project area, without any material change.\n\n\n10  Exemption from requirements of section 372H – Other projects  \n\n  Pursuant to paragraph 372K(1)(f) of the Act, a real estate development project specified in, or ascertained in accordance with the following table is exempt from the requirements in section 372H of the Act:\n\n \n\n- Real estate development projects exempt from requirements in section 372H\n- Item Exemption\n- 1 Any real estate development project in which (at the relevant time) fixed-line facilities (other than fibre-ready facilities) have been installed in accordance with an exemption granted under subsection 372K(3) of the Act from the requirements of subsection 372F(2) as specified in, or ascertained in accordance with section 7.\n- 2 Any real estate development project where:(a) prior to 27 September 2011, fixed-line facilities (other than fibre-ready facilities) were installed and for use in connection with a line (other than an optical fibre line) in the project area; and (b) prior to sale or lease of a building unit, no other fixed line facilities are installed in the project area, and the facilities mentioned in paragraph (a) are for use, or re-use, in connection with a line (other than an optical fibre line) in the project area, without any material change.\n\n\n \n\n \n\nSchedule 1—Repeals\n\nTelecommunications (Fibre-Ready Facilities in Real Estate Development Projects and Other Matters) Instrument 2011\n\n1  The whole of the instrument\n\nRepeal the instrument.\n\n \n\n \n","sortOrder":0}],"analysis":{"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"},"flash_summary":{"complexity_score":5,"scope_assessment":{"changed":true,"description":"This instrument expressly repeals the 2011 Instrument (Schedule 1) and restates specification and exemption rules. It adds an explicit functional definition of above‑ground fibre‑ready facilities (s 6), refines exemption conditions for copper/HFC installations including practicability and 12‑month expectation tests (s 7(2)–(3)), formalises what counts as a 'reasonable belief' (s 8), and preserves pre‑27 Sept 2011 carve‑outs (s 7(5), ss 9–10). The repeal plus these explicit specifications indicate a change in how the scope and tests are set out, while continuing similar categories of exemption."},"complexity_factors":["Extensive cross‑references to the Telecommunications Act 1997 (notably ss 372E, 372F, 372G, 372H, 372K, 372W) which require reading both instruments together (see s 3 and instrument-wide structure).","Detailed conditional exemption tests distinguishing underground and above‑ground fibre‑ready facilities, each with separate subtests (s 7(2)–(3)).","Use of a \"reasonable belief\" standard that is qualified by evidentiary triggers (published plans or legally enforceable agreements) rather than purely objective criteria (s 8).","A practicability/feasibility and direct‑cost assessment for allowing above‑ground work where underground is 'not reasonably practical' (s 7(3)).","Numeric and temporal thresholds (connection of no more than 10 building lots/units; 12‑month expectation window) that create discrete compliance bands (s 7(2)(c)(ii), 7(3)(c)(ii), 7(2)(c)(i)).","Separate carve‑outs for minor supplementary works tied to historical installation dates (pre‑27 Sept 2011) and technical feasibility, requiring factual verification (s 7(4)–(5)).","A broad, functional specification of what counts as \"above the surface\" which captures many placements and attachments (s 6).","Operational interface between private parties' plans/agreements and regulatory compliance: developers may rely on carriers' published information or contracts to meet exemption tests (s 8).","Repeal of the 2011 Instrument (Schedule 1), requiring comparison to prior regulatory text to understand net changes.","Multiple decision points that allocate assessment burdens to private actors (who decides to install, who forms 'reasonable belief') and may require documentation to withstand challenge (see ss 7–8)."],"plain_english_summary":"This instrument specifies what counts as an above‑ground \"fibre‑ready\" fixed‑line facility and sets detailed exemptions allowing the installation of copper or hybrid fibre‑coaxial (HFC) lines instead of fibre‑ready facilities where specific conditions are met. It affects real‑estate developers, carriers and other infrastructure providers by clarifying when fibre‑ready obligations apply, what evidence satisfies a \"reasonable belief\" that fibre will arrive, and which projects are exempt (including certain pre‑2011 works)."},"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":false,"description":"This is a direct remake of the 2011 instrument (which it repeals) with updated commencement provisions. The scope remains tightly focused on fibre-ready facility requirements and exemptions for real estate development projects, consistent with the original legislative intent under the Telecommunications Act 1997."},"complexity_factors":["Multiple nested exemption conditions with alternative pathways (subsections 7(2) vs 7(3))","Cross-references to 8 different sections of the Telecommunications Act 1997 (sections 7, 372E, 372F, 372G, 372H, 372K, 372W, 372Y)","Temporal cut-off date (27 September 2011) creating grandfathering provisions","Defined terms imported from parent Act rather than defined within instrument","Dual exemption frameworks (installation exemptions in Part 3 Division 1 vs sale/lease exemptions in Part 3 Division 2)","Subjective qualifiers ('reasonably practical', 'reasonable belief', 'minor', 'material change') requiring case-by-case assessment"],"plain_english_summary":"New developments in Australia must generally be fitted with fibre-ready infrastructure for high‑speed internet, with “above‑ground” defined to include fixed-line equipment attached to or protruding from buildings or land. Limited exemptions let developers use existing copper or HFC only where nearby fibre exists or is imminent, underground installation is impractical or costly, or works are minor, and pre‑September‑2011 installations are protected. The rule affects developers, telcos and future occupants by prioritising modern connectivity while allowing practical flexibility."}},"importantCases":[],"_links":{"self":"/api/acts/telecommunications-fibre-ready-facilities-in-real-estate-development-projects-and-other-matters-inst","history":"/api/acts/telecommunications-fibre-ready-facilities-in-real-estate-development-projects-and-other-matters-inst/history","analysis":"/api/acts/telecommunications-fibre-ready-facilities-in-real-estate-development-projects-and-other-matters-inst/analysis","conflicts":"/api/acts/telecommunications-fibre-ready-facilities-in-real-estate-development-projects-and-other-matters-inst/conflicts","importantCases":"/api/acts/telecommunications-fibre-ready-facilities-in-real-estate-development-projects-and-other-matters-inst/important-cases","documents":"/api/acts/telecommunications-fibre-ready-facilities-in-real-estate-development-projects-and-other-matters-inst/documents"}}