National Broadband Network (Tasmania) Act 2010
15Effect of no elections under section 12
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15 Effect of no elections under section 12
(1) In this section –
notice of intention to install connection cable means a notice under section 10 ;
notice relating to adjoining land means a notice under section 11 in relation to adjoining land over or under which the installer intends to pass a connection cable;
prescribed circumstances means circumstances where –
(a) the installer has served one or more notices of intention to install connection cable and, if relevant, one or more notices relating to adjoining land but an election not to have a connection cable installed, or not to have a connection cable pass either over or under adjoining land, has not been made in accordance with section 12 ; or
(b) the installer has been unable to serve a notice of intention to install connection cable, or a notice relating to adjoining land, on any owner because the installer has been unable to determine the name or address of the owner after taking all reasonable steps to do so.
(2) In prescribed circumstances –
(a) all owners of the premises, and all persons to whom the ownership of the premises is transferred, are taken to have consented to the installation of a connection cable to the premises by the installer as part of the project; and
(b) all owners of the adjoining land, and all persons to whom the ownership of the adjoining land is transferred, are taken to have consented to the installer passing a connection cable either over or under the adjoining land when installing it to the premises as part of the project; and
(c) the installer may proceed to install a connection cable to the premises and, for that purpose, an authorised officer at any reasonable time may –
(i) enter and remain on the land on which the premises are situated and the adjoining land; and
(ii) while on that land and the adjoining land, carry out cable work.