{"id":"F2020L00856","name":"Telecommunications (Statutory Infrastructure Providers—Exempt Real Estate Development Projects and Building Redevelopment Projects) Determination (No.1) 2020","slug":"telecommunications-statutory-infrastructure-providers-exempt-real-estate-development-projects-and-bu","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":145437,"registerId":"commonwealth-F2020L00856-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"Part 1","sectionType":"part","heading":"Introductory","content":"## Part 1 Introductory\n\n#### 1 Name\n\n  This Instrument is the Telecommunications (Statutory Infrastructure Providers—Exempt Real Estate Development Projects and Building Redevelopment Projects) Determination (No.1) 2020.\n\n#### 3 Authority\n\n  This Instrument is made under subsections 360H(3A) and 360H(5A) of the Telecommunications Act 1997, and subsection 33(3A) of the Acts Interpretation Act 1901.\n\n#### 4 Definitions\n\n> Note: A number of expressions used in this Instrument are defined in the Act, including the following:\n\n    (a) building redevelopment project (section 360Y);\n    (b) carriage service (section 7);\n    (ba) designated Telstra successor company (section 581G);\n    (c) eligible service (section 360A);\n    (d) hybrid fibre‑coaxial network (section 7);\n    (e) NBN corporation (section 7);\n    (f) public mobile telecommunications service (section 32);\n    (g) qualifying carriage service (section 360A);\n    (h) qualifying fixed‑line carriage service (section 360A);\n    (i) real estate development project (section 372Q);\n    (j) standard telephone service (section 7); and\n    (k) Telstra (section 7).\n\n  In this Instrument:\n\n> Act means the Telecommunications Act 1997.\n\n> contractual arrangement includes a deed, contract, undertaking or any other form of legally binding arrangement.\n\n> project area:\n\n> (a) for a building redevelopment project—has the same meaning as in section 360A of the Act; and\n\n> (b) for a real estate development project—has the same meaning as in subsections 372Q(2) and 372Q(6) of the Act.\n\n> Start Date means the day upon which Part 1, Division 2 of Schedule 3 to the Telecommunications Legislation Amendment (Competition and Consumer) Act 2020 comes into effect.\n\n## Part 2 Exempt Real Estate Development Projects\n\n> Note 1: Subsection 360H(2) of the Act provides that where a carrier (other than an NBN corporation) has installed telecommunications network infrastructure under a contract for the supply of eligible services to premises in the whole of the project area of a real estate development project, the carrier must declare that all of the project area is a provisional nominated service area within 10 business days after completion of the infrastructure build and that carrier becomes the statutory infrastructure provider for that relevant area.\n\n> Note 2: Subsection 360H(3A) provides that the Minister may, by legislative instrument, exempt a specified real estate development project from subsection 360H(2). In cases where a project is exempted under subsection 360H(3A), the project area would remain a general service area of NBN Co until such time (if at all) that area become a nominated service area by declaration made by a carrier.\n\n#### 5 Exempt Real Estate Development Projects (to be served by certain copper networks)\n\n  A real estate development project will be exempt from subsection 360H(2), if all of the following apply to the project:\n  (a) there is telecommunications network infrastructure installed within any part of the project area that will enable the supply of eligible services to premises in the whole of the project area;\n  (b) the telecommunications network infrastructure referred to in paragraph (a) above:\n\n(i) was fully installed on or after the Start Date;\n\n(ii) was installed in accordance with a contractual arrangement entered into by Telstra or a designated Telstra successor company and the person responsible for the real estate development project, and the contractual arrangement does not require Telstra or the designated Telstra successor company to supply qualifying carriage services within all or any part of the project area;\n\n(iii) at the time of installation, formed part of a fixed‑line telecommunications network owned and operated by Telstra or a designated Telstra successor company, and that network:\n\nA. is not technically capable of being used to supply qualifying fixed‑line carriage services; and\n\nB. is used to supply standard telephone services in fulfilment of the obligation referred to in paragraph 9(1)(a) of the Telecommunications (Consumer Protection and Service Standards) Act 1999.\n\n## Part 3 Exempt Building Redevelopment Projects\n\n> Note 1: Subsection 360H(4) of the Act provides that where a carrier (other than an NBN corporation) has installed telecommunications network infrastructure under a contract for the supply of eligible services to premises in the whole of the project area of a building redevelopment project, the carrier must declare that all of the project area is a provisional nominated service area within 10 business days after completion of the infrastructure build and that carrier becomes the statutory infrastructure provider for that relevant area.\n\n> Note 2: Proposed subsection 360H(5A) provides that the Minister may, by legislative instrument, exempt a specified building redevelopment project from subsection 360H(4). In cases where a project is exempted under subsection 360H(5A), the project area would remain a general service area of NBN Co until such time (if at all) that area become a nominated service area by declaration made by a carrier.\n\n#### 9 Exempt Building Redevelopment Projects (to be served by certain copper networks)\n\n  A building redevelopment project will be exempt from subsection 360H(4), if all of the following apply to the project:\n  (a) there is telecommunications network infrastructure installed within any part of the project area that will enable the supply of eligible services to premises in the whole of the project area;\n  (b) the telecommunications network infrastructure referred to in paragraph (a) above:\n\n(i) was fully installed on or after the Start Date;\n\n(ii) was installed in accordance with a contractual arrangement entered into by Telstra or a designated Telstra successor company and the person responsible for the building redevelopment project, and the contractual arrangement does not require Telstra or the designated Telstra successor company to supply qualifying carriage services within all or any part of the project area;\n\n(iii) at the time of installation, formed part of a fixed‑line telecommunications network owned and operated by Telstra or a designated Telstra successor company, and that network:\n\nA. is not technically capable of being used to supply qualifying fixed‑line carriage services; and\n\nB. is used to supply standard telephone services in fulfilment of the obligation referred to in paragraph 9(1)(a) of the Telecommunications (Consumer Protection and Service Standards) Act 1999.","sortOrder":0},{"sectionNumber":"1","sectionType":"section","heading":"Name","content":"#### 1 Name\n\n  This Instrument is the Telecommunications (Statutory Infrastructure Providers—Exempt Real Estate Development Projects and Building Redevelopment Projects) Determination (No.1) 2020.","sortOrder":1},{"sectionNumber":"3","sectionType":"section","heading":"Authority","content":"#### 3 Authority\n\n  This Instrument is made under subsections 360H(3A) and 360H(5A) of the Telecommunications Act 1997, and subsection 33(3A) of the Acts Interpretation Act 1901.","sortOrder":2},{"sectionNumber":"4","sectionType":"section","heading":"Definitions","content":"#### 4 Definitions\n\n> Note: A number of expressions used in this Instrument are defined in the Act, including the following:\n\n    (a) building redevelopment project (section 360Y);\n    (b) carriage service (section 7);\n    (ba) designated Telstra successor company (section 581G);\n    (c) eligible service (section 360A);\n    (d) hybrid fibre‑coaxial network (section 7);\n    (e) NBN corporation (section 7);\n    (f) public mobile telecommunications service (section 32);\n    (g) qualifying carriage service (section 360A);\n    (h) qualifying fixed‑line carriage service (section 360A);\n    (i) real estate development project (section 372Q);\n    (j) standard telephone service (section 7); and\n    (k) Telstra (section 7).\n\n  In this Instrument:\n\n> Act means the Telecommunications Act 1997.\n\n> contractual arrangement includes a deed, contract, undertaking or any other form of legally binding arrangement.\n\n> project area:\n\n> (a) for a building redevelopment project—has the same meaning as in section 360A of the Act; and\n\n> (b) for a real estate development project—has the same meaning as in subsections 372Q(2) and 372Q(6) of the Act.\n\n> Start Date means the day upon which Part 1, Division 2 of Schedule 3 to the Telecommunications Legislation Amendment (Competition and Consumer) Act 2020 comes into effect.","sortOrder":3},{"sectionNumber":"Part 2","sectionType":"part","heading":"Exempt Real Estate Development Projects","content":"## Part 2 Exempt Real Estate Development Projects\n\n> Note 1: Subsection 360H(2) of the Act provides that where a carrier (other than an NBN corporation) has installed telecommunications network infrastructure under a contract for the supply of eligible services to premises in the whole of the project area of a real estate development project, the carrier must declare that all of the project area is a provisional nominated service area within 10 business days after completion of the infrastructure build and that carrier becomes the statutory infrastructure provider for that relevant area.\n\n> Note 2: Subsection 360H(3A) provides that the Minister may, by legislative instrument, exempt a specified real estate development project from subsection 360H(2). In cases where a project is exempted under subsection 360H(3A), the project area would remain a general service area of NBN Co until such time (if at all) that area become a nominated service area by declaration made by a carrier.","sortOrder":4},{"sectionNumber":"5","sectionType":"section","heading":"Exempt Real Estate Development Projects (to be served by certain copper networks)","content":"#### 5 Exempt Real Estate Development Projects (to be served by certain copper networks)\n\n  A real estate development project will be exempt from subsection 360H(2), if all of the following apply to the project:\n  (a) there is telecommunications network infrastructure installed within any part of the project area that will enable the supply of eligible services to premises in the whole of the project area;\n  (b) the telecommunications network infrastructure referred to in paragraph (a) above:\n\n(i) was fully installed on or after the Start Date;\n\n(ii) was installed in accordance with a contractual arrangement entered into by Telstra or a designated Telstra successor company and the person responsible for the real estate development project, and the contractual arrangement does not require Telstra or the designated Telstra successor company to supply qualifying carriage services within all or any part of the project area;\n\n(iii) at the time of installation, formed part of a fixed‑line telecommunications network owned and operated by Telstra or a designated Telstra successor company, and that network:\n\nA. is not technically capable of being used to supply qualifying fixed‑line carriage services; and\n\nB. is used to supply standard telephone services in fulfilment of the obligation referred to in paragraph 9(1)(a) of the Telecommunications (Consumer Protection and Service Standards) Act 1999.","sortOrder":5},{"sectionNumber":"Part 3","sectionType":"part","heading":"Exempt Building Redevelopment Projects","content":"## Part 3 Exempt Building Redevelopment Projects\n\n> Note 1: Subsection 360H(4) of the Act provides that where a carrier (other than an NBN corporation) has installed telecommunications network infrastructure under a contract for the supply of eligible services to premises in the whole of the project area of a building redevelopment project, the carrier must declare that all of the project area is a provisional nominated service area within 10 business days after completion of the infrastructure build and that carrier becomes the statutory infrastructure provider for that relevant area.\n\n> Note 2: Proposed subsection 360H(5A) provides that the Minister may, by legislative instrument, exempt a specified building redevelopment project from subsection 360H(4). In cases where a project is exempted under subsection 360H(5A), the project area would remain a general service area of NBN Co until such time (if at all) that area become a nominated service area by declaration made by a carrier.","sortOrder":6},{"sectionNumber":"9","sectionType":"section","heading":"Exempt Building Redevelopment Projects (to be served by certain copper networks)","content":"#### 9 Exempt Building Redevelopment Projects (to be served by certain copper networks)\n\n  A building redevelopment project will be exempt from subsection 360H(4), if all of the following apply to the project:\n  (a) there is telecommunications network infrastructure installed within any part of the project area that will enable the supply of eligible services to premises in the whole of the project area;\n  (b) the telecommunications network infrastructure referred to in paragraph (a) above:\n\n(i) was fully installed on or after the Start Date;\n\n(ii) was installed in accordance with a contractual arrangement entered into by Telstra or a designated Telstra successor company and the person responsible for the building redevelopment project, and the contractual arrangement does not require Telstra or the designated Telstra successor company to supply qualifying carriage services within all or any part of the project area;\n\n(iii) at the time of installation, formed part of a fixed‑line telecommunications network owned and operated by Telstra or a designated Telstra successor company, and that network:\n\nA. is not technically capable of being used to supply qualifying fixed‑line carriage services; and\n\nB. is used to supply standard telephone services in fulfilment of the obligation referred to in paragraph 9(1)(a) of the Telecommunications (Consumer Protection and Service Standards) Act 1999.","sortOrder":7}],"analysis":{"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":false,"description":"The legislation maintains its original narrow scope. It was always intended as a specific technical exemption for legacy copper telephone services in new developments, and it remains tightly constrained to that purpose. The parallel treatment of real estate developments and building redevelopments reflects the structure of the parent Act rather than scope creep."},"complexity_factors":["Multiple cross-references to external legislation (Telecommunications Act 1997, Telecommunications (Consumer Protection and Service Standards) Act 1999, Telecommunications Legislation Amendment (Competition and Consumer) Act 2020)","11 defined terms imported by reference from the parent Act rather than defined in the instrument itself","Nested conditional logic in sections 5 and 9 with multiple cumulative requirements (paragraphs (a), (b), and sub-paragraphs (i)-(iii) with further sub-clauses (A) and (B))","Technical telecommunications terminology requiring sector knowledge (qualifying carriage services, statutory infrastructure provider, hybrid fibre-coaxial network, designated Telstra successor company)","Dual parallel structure for real estate development projects (Part 2) and building redevelopment projects (Part 3) with nearly identical text","Reliance on a 'Start Date' defined by reference to commencement of provisions in another Act not yet in force at time of making"],"plain_english_summary":"This Determination lets the Minister exempt specific new or redeveloped properties from the usual rule that a non‑NBN telco installing network infrastructure becomes the statutory infrastructure provider (SIP). \n\nIt applies where a developer contracts Telstra (or a successor) to provide only legacy copper-based, voice‑only services, so Telstra won’t trigger SIP obligations while NBN Co stays the default for modern broadband—affecting developers, Telstra, NBN Co and future residents."},"flash_summary":{"complexity_score":5,"scope_assessment":{"changed":true,"description":"Yes. The instrument narrows the automatic application of subsections 360H(2) and 360H(4) by creating targeted exemptions (s5 and s9) for projects served by certain Telstra/designed‑successor fixed‑line networks installed on or after the Start Date. Practically, exempted project areas remain NBN Co general service areas rather than becoming provisional nominated service areas, shifting who decides status (Ministerial exemption and carrier declaration under the Act) and changing which entities carry obligations and control of infrastructure."},"complexity_factors":["Multiple cross‑references to definitions and provisions in the Telecommunications Act 1997 (see s4 and notes to Parts 2–3).","Technical capability test: network must be \"not technically capable\" of supplying qualifying fixed‑line carriage services (s5(b)(iii)(A), s9(b)(iii)(A)).","Contractual condition: infrastructure must have been installed under a contractual arrangement by Telstra or designated successor that does not require supply of qualifying carriage services (s5(b)(ii), s9(b)(ii)).","Temporal trigger: infrastructure must be fully installed on or after the Start Date (s5(b)(i), s9(b)(i); s4 definition of Start Date).","Ministerial discretion and administrative decision‑making to exempt projects under subsections 360H(3A) and 360H(5A) (authority stated at s3 and explanatory notes).","Operational consequence for service area status: changes whether an area becomes a provisional nominated service area or remains an NBN Co general service area (Notes to Parts 2–3).","Compliance and evidentiary burden on developers/carriers to demonstrate contractual and technical criteria are met for an exemption.","Dependence on other statutory concepts (eligible service, qualifying carriage service, project area) requiring look‑through to Act definitions, increasing interpretive work."],"plain_english_summary":"This Determination exempts certain real estate development and building redevelopment projects from the default rule that a carrier (other than NBN Co) who installs infrastructure becomes the statutory infrastructure provider, where Telstra or a designated successor has installed specified fixed‑line (copper) network infrastructure under a contract and the network meets technical and contractual conditions (see s5 and s9). It affects developers, Telstra/designated successors, other carriers and NBN Co because exempted project areas remain NBN Co general service areas until (if ever) a carrier declares a nominated service area."},"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-statutory-infrastructure-providers-exempt-real-estate-development-projects-and-bu","history":"/api/acts/telecommunications-statutory-infrastructure-providers-exempt-real-estate-development-projects-and-bu/history","analysis":"/api/acts/telecommunications-statutory-infrastructure-providers-exempt-real-estate-development-projects-and-bu/analysis","conflicts":"/api/acts/telecommunications-statutory-infrastructure-providers-exempt-real-estate-development-projects-and-bu/conflicts","importantCases":"/api/acts/telecommunications-statutory-infrastructure-providers-exempt-real-estate-development-projects-and-bu/important-cases","documents":"/api/acts/telecommunications-statutory-infrastructure-providers-exempt-real-estate-development-projects-and-bu/documents"}}