{"id":"F2025L00842","name":"Telecommunications (Superfast Broadband Network Class Exemption) Determination 2025","slug":"telecommunications-superfast-broadband-network-class-exemption-determination-2025","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":106583,"registerId":"commonwealth-F2025L00842-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"part","heading":"Name","content":"# 1 Name\n\n  \n\nThis is the Telecommunications (Superfast Broadband Network Class Exemption) Determination 2025.","sortOrder":0},{"sectionNumber":"2","sectionType":"part","heading":"Commencement","content":"# 2 Commencement\n\nThis Determination commences on 27 August 2025.","sortOrder":1},{"sectionNumber":"3","sectionType":"part","heading":"Authority","content":"# 3 Authority\n\nThis Determination is made under subsections 142BD(2), 143A(1) and 143A(2) of the\n\nTelecommunications Act 1997.","sortOrder":2},{"sectionNumber":"4","sectionType":"part","heading":"Definitions","content":"# 4 Definitions\n\nIn this Determination, unless the contrary intention appears:\n\nAct means the Telecommunications Act 1997.\n\nassociated group has the same meaning as in subsection 143A(10) of the Act.\n\ndesignated carriage service has the meaning given by section 142BD of the Act.\n\neligible service has the same meaning as in section 152AL of the Competition and Consumer Act 2010.\n\nfixed-line carriage service has the meaning given by section 142A of the Act.\n\nregulations mean any regulations made for the purpose of paragraphs 143A(1)(d)(ii) or 143A(1)(e)(ii) of the Act.\n\nresidential customer has a meaning affected by section 161 of the Act.\n\nSBAS means a service defined under the service description in an annexure to any declaration made by the ACCC under subsection 152AL(3) of the Competition and Consumer Act 2010 in respect of the Superfast Broadband Access Service, as in force from time to time.\n\nNote 1: A number of terms used in this instrument are defined in the Act, including:\n\n    ACCC;\n    facility; and\n    telecommunications network.\n\nNote 2: Declarations made by the ACCC under subsection 152AL(3) of the Competition and Consumer Act 2010 in respect of the Superfast Broadband Access Service may be accessed free of charge from the ACCC’s website at www.accc.gov.au.","sortOrder":3},{"sectionNumber":"5","sectionType":"part","heading":"References to other instruments","content":"# 5 References to other instruments\n\nIn this instrument, unless the contrary intention appears:\n\n    (a) a reference to any other legislative instrument is a reference to that other legislative instrument as in force from time to time; and\n    (b) a reference to any other kind of instrument or writing is a reference to that other instrument or writing as in force or in existence from time to time.\n\nNote 1: For references to Commonwealth Acts, see section 10 of the Acts Interpretation Act 1901; and see also subsection 13(1) of the Legislation Act 2003 for the application of the Acts Interpretation Act 1901 to legislative instruments.\n\nNote 2: All Commonwealth Acts and legislative instruments are registered on the Federal Register of Legislation.\n\nNote 3: For paragraph (b), see subsection 589(2) of the Act.","sortOrder":4},{"sectionNumber":"6","sectionType":"part","heading":"Specification of designated carriage service","content":"# 6 Specification of designated carriage service\n\nThe SBAS is the designated carriage service for the purposes of Part 8 of the Act.","sortOrder":5},{"sectionNumber":"7","sectionType":"part","heading":"Exemption","content":"# 7 Exemption\n\nIn circumstances where a person:\n\n    (a) is not a member of an associated group and who supplies fixed-line carriage services to the higher of no more than:\n    (i) 2,000 residential customers; or\n    (ii) the number of residential customers (not exceeding 12,000) specified in regulations made for the purpose of subparagraph 143A(1)(d)(ii) of the Act, as in force from time to time; or\n    (b) is a member of an associated group, and the members of that associated group, in aggregate, supply fixed-line carriage services to the higher of no more than:\n    (i) 2,000 residential customers; or\n    (ii) the number of residential customers (not exceeding 12,000) specified in regulations made for the purpose of subparagraph 143A(1)(e)(ii) of the Act, as in force from time to time;\n\nand that person:\n\n    (c) has, by written notice to the ACCC, elected to be bound by this Determination; and\n    (d) has not, by written notice to the ACCC, cancelled the election;\n\nthe person is exempt from sections 142C or 143 of the Act, subject to the conditions and limitations set out in section 8.","sortOrder":6},{"sectionNumber":"8","sectionType":"part","heading":"Conditions and limitations","content":"# 8 Conditions and limitations\n\nFor the purpose of section 7, the conditions and limitations are:\n\n    (a) the person must ensure that the SBAS is available for supply to wholesale customers, or prospective wholesale customers, of the person;\n    (b) the person must not discriminate between the person’s wholesale customers, or the person’s prospective wholesale customers, in relation to the supply of the SBAS;\n    (c) the person must not discriminate in favour of itself in relation to the supply of the SBAS;\n    (d) the person must not, in carrying on any of the following activities, discriminate between the person’s wholesale customers or the person’s prospective wholesale customers:\n    (i) developing a new eligible service;\n    (ii) enhancing an eligible service;\n    (iii) extending or enhancing the capability of a facility or telecommunications network by means of which an eligible service is, or is to be, supplied;\n    (iv) planning for a facility or telecommunications network by means of which an eligible service is, or is to be, supplied;\n    (v) an activity that is preparatory to the supply of an eligible service;\n    (vi) an activity that is ancillary or incidental to the supply of an eligible service;\n    (vii) giving information to service providers about any of the above activities;\n    (e) the person must not discriminate in favour of itself in relation to the carrying on of any of the following activities:\n    (i) developing a new eligible service;\n    (ii) enhancing an eligible service;","sortOrder":7}],"analysis":{"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"flash_summary":{"complexity_score":5,"scope_assessment":{"changed":false,"description":"This instrument designates SBAS as the designated carriage service for Part 8 and creates a class exemption for small fixed‑line suppliers (individual or aggregated within associated groups) who elect to be bound and meet the stated thresholds and conditions. The Determination itself does not state that it amends or replaces prior instruments; no express change of an earlier scope is indicated within the text."},"complexity_factors":["Cross‑references to multiple provisions of the Telecommunications Act (subsections 142BD(2), 143A(1)/(2), sections 142A, 142BD, 142C, 143) increase interpretive layering.","Interplay with the Competition and Consumer Act (section 152AL declarations by the ACCC) — SBAS definition depends on ACCC service descriptions.","Thresholds based on residential customer counts with two tiered limits (2,000 or a regulations‑specified number up to 12,000) and aggregation across associated groups (s.7) create counting and compliance complexity.","Requirement to ‘elect by written notice’ and ability to cancel that election (s.7) places administrative duties on suppliers and creates recordkeeping/notification triggers for the ACCC.","Conditions and limitations (s.8) impose broad non‑discrimination duties across wholesale supply and a long list of related activities (developing, enhancing, planning, preparatory, ancillary activities, and information sharing).","Definitions rely on terms defined in other instruments and Acts (eg. ‘associated group’, ‘eligible service’, ‘fixed‑line carriage service’, ‘residential customer’), requiring cross‑referencing.","Regulations made for specific subparagraphs may alter numerical thresholds and thus change which entities qualify, introducing delegated‑legislation dependence.","Standard commencement and references provisions mean the instrument operates as a moving target with future amendments of referenced instruments applying by reference."],"plain_english_summary":"This Determination designates the Superfast Broadband Access Service (SBAS) as the designated carriage service and creates a class exemption from sections 142C and 143 of the Telecommunications Act for small fixed‑line suppliers who elect in writing to be bound. It applies to suppliers (or associated groups) below specified residential‑customer thresholds and requires wholesale availability plus non‑discrimination; the ACCC receives and records the election and cancellation notices, and suppliers bear the compliance and reporting obligations."},"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":false,"description":"This Determination appears consistent with its original purpose under Part 8 of the Telecommunications Act 1997. It implements the class exemption framework established by that Act for small superfast broadband providers, maintaining the intended balance between reducing regulatory burden for small players and preserving competition safeguards. The scope aligns with the statutory authority in sections 142BD and 143A."},"complexity_factors":["Multiple cross-references to primary legislation (Telecommunications Act 1997 and Competition and Consumer Act 2010) requiring external knowledge","Nested conditional logic in section 7 with dual thresholds (2,000 default vs up to 12,000 via regulations) and both individual and aggregated tests for associated groups","7 defined terms in section 4, plus implicit definitions via external statutory references","Self-referential structure where section 8 conditions apply back to section 7 exemption","Regulatory mechanism allowing future threshold changes without legislative amendment (regulations referenced but not yet made)"],"plain_english_summary":"This Determination creates a class exemption letting small superfast broadband providers opt out of the usual wholesale regulatory regime, provided they notify the ACCC and meet size limits based on customer counts (including associated groups).  \n\nThey remain obliged to supply wholesale access, avoid discrimination or self‑preferencing, and apply those rules to service development and network changes — easing compliance burdens for small providers while guarding competition."}},"importantCases":[],"_links":{"self":"/api/acts/telecommunications-superfast-broadband-network-class-exemption-determination-2025","history":"/api/acts/telecommunications-superfast-broadband-network-class-exemption-determination-2025/history","analysis":"/api/acts/telecommunications-superfast-broadband-network-class-exemption-determination-2025/analysis","conflicts":"/api/acts/telecommunications-superfast-broadband-network-class-exemption-determination-2025/conflicts","importantCases":"/api/acts/telecommunications-superfast-broadband-network-class-exemption-determination-2025/important-cases","documents":"/api/acts/telecommunications-superfast-broadband-network-class-exemption-determination-2025/documents"}}