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Commonwealth act
The National Broadband Network Companies Act 2011 is the rulebook for how NBN Co (the government-owned company that built and runs Australia's national broadband network) and related companies must operate. Think of it as the constitution for how the NBN is run, what it can and can't do, and how the government keeps control of it.
NBN Co cannot sell directly to you (the public). It must only sell to licensed carriers and internet service providers (like Telstra, Optus, TPG), who then sell services to you. This is called a wholesale-only model — NBN Co is the infrastructure layer, not the retail layer.
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Direct links to the current provisions in National Broadband Network Companies Act 2011.
Zoe has indexed the source text for search and analysis. Use the official register for the original document and download formats.
View on official registerSourced from the Federal Register of Legislation (legislation.gov.au), CC BY 4.0.
The federal government must keep 100% ownership of NBN Co. It cannot sell shares, transfer voting rights, or allow anyone else to take control. NBN Co itself must actively help ensure this stays true. Breaking this rule is a criminal offence (500 penalty units — currently around $165,000).
NBN Co may be required to set up separate internal business units (like 'firewalls' within the company) to ensure different parts of the business operate independently from each other. The Communications Minister and Finance Minister approve these arrangements. This prevents conflicts of interest within the company.
Police, fire, ambulance and state emergency services have a legal right to access NBN-owned transmission towers to install their own equipment (like communications antennas). NBN Co must publish its access terms publicly and treat all eligible users equally (non-discriminatorily).
Ministers can direct NBN Co to sell off or transfer assets if it's in the long-term interests of end-users. The ACCC (competition watchdog) provides advice on such decisions.
The Federal Court can issue injunctions (court orders forcing compliance or stopping illegal conduct) if NBN Co breaks these rules. The law also contains an anti-avoidance clause — NBN Co cannot use clever schemes to get around the rules.
Certain organisations — electricity grids, gas pipelines, water utilities, sewerage, roads authorities, rail operators, and aviation services — can receive direct NBN services for their own internal operational communications (not for resale to others).
This law is why you buy internet from an ISP (like Aussie Broadband or Internode) rather than directly from NBN Co. It's designed to keep the playing field level for all internet retailers and ensure the government retains long-term control of Australia's most important communications infrastructure.