Telecommunications (Carrier Licence Conditions - Telstra Infraco Limited) Declaration 2019

This declaration imposes carrier‑licence conditions on Telstra Infraco Limited requiring (1) disclosure of premises‑level location data about active copper services to NBN Co for migration and targeted communications, and (2) public and regulator reporting of customer‑service and fault/appointment metrics for specified service areas. It affects Telstra Infraco, NBN Co, wholesale customers whose data may be disclosed, and end‑users. It matters because it creates ongoing data‑sharing, publication and IT‑reporting obligations, sets permitted uses and prohibitions for NBN Co, and assigns timing, format and exemption rules.

This instrument imposes carrier licence conditions on Telstra Infraco Limited, binding the licensee to a set of information‑sharing, public‑reporting and regulatory reporting obligations, together with constraints on how NBN Co may use the disclosed information. The Declaration is made under subsection 63(2) of the Telecommunications Act 1997 (see s 3), and its operative provisions are principally found in section 11 (disclosure of Specified Premises Location Information to NBN Co), sections 11A-11F (public information and detailed reporting obligations about Customer Service Guarantee or CSG services in defined ESAs), and related definitions.

Mechanically, the Declaration does the following:

Requires the licensee to provide to NBN Co, by specified Report Dates, Specified Premises Location Information for active copper-based wholesale carriage services (s 11(2) and the definition of active service). The information is defined narrowly (see definition of Specified Premises Location Information) and includes at least the national broadband network location identification number and, for certain special services, the identity of the white paper that determined the Special Service Disconnection Date (s 11(1) definitions).
Sets timing rules for provision: where no separate legally binding agreement is in force between licensee and NBN Co, the licensee must provide that information within 10 working days of each Report Date (s 11(4)); if an agreement exists, the agreement may specify timing but must be certified and provided to the ACMA (s 11(3)).
Limits and prescribes permitted uses by NBN Co: NBN Co may use or disclose the information only for defined Permitted Purposes (s 11(7)), such as internal disconnection‑readiness reporting, identifying premises with active services that have not migrated, guiding regional marketing activities and certain premises‑level engagement activities (s 11(7)(a)-(e)). There are detailed prohibitions on use, including bans on direct marketing to sell NBN‑based products, matching against personal data (with limited exceptions), and communications that criticise or disparage the licensee (s 11(8)).
Places public transparency duties on the licensee: it must operate a free, automated online lookup that maps an Australian address to the relevant ESA or explain why there is no relevant ESA (s 11B(1)-(4)); and it must publish quarterly public reports about CSG reportable services within each relevant ESA (s 11C).
Imposes structured reporting to regulators: for the initial reporting period (1 January 2019 to 31 December 2021) the licensee must deliver detailed monthly reports to the ACMA and an authorised officer or Secretary (s 11D), and thereafter quarterly regulator reports in a prescribed machine‑readable format with specified tables and data fields (s 11E and s 11F).

The instrument therefore changes the licensee’s operational and compliance activities by creating recurring data disclosure obligations to a third party (NBN Co), public disclosure duties, prescribed formats and timelines for regulatory reporting, and explicit constraints and conditionalities around when the licensee may refuse or delay disclosure (s 11(5)-(6)). It also defines who may receive and process the data (Recipient Entities) and what contractual protections (cost reimbursement and indemnities) the licensee may require before disclosing (s 11(5)(c)-(d)).

All operative text and obligations cited above appear in the Declaration itself; the Act is the source of the power to impose the conditions (s 3 refers to subsection 63(2) of the Telecommunications Act 1997). The Declaration cross‑references the CSG Standard, the Telecommunications (Migration Plan Principles) Determination 2015 and Definitive Agreements, which determine many substantive definitions (see s 11(1) definitions and s 11(2)-(5)).

The Declaration operates through a small set of structured concepts that determine scope, timing, permitted uses and exceptions. Key concepts are Specified Premises Location Information, Report Date, Eligible Premises and Eligible Special Service, Permitted Purpose, relevant ESA, reportable service, Recipient Entities, and initial reporting period. Each term is tightly defined in the text (see s 4 and s 11(1), s 11A(1)) and drives distinct operational duties.

Specified Premises Location Information is the central data item that the licensee must provide to NBN Co. For a given Report Date and active service kind, it is defined to include the national broadband network location identification number for each Eligible Premises receiving an active service of that kind and, for Eligible Special Services, the identity of the white paper that determined the Special Service Disconnection Date (s 11(1), definition of Specified Premises Location Information). The definition adds two qualifying conditions: (g) the information must be within the licensee’s control at that Report Date; and (h) it must have been given to the licensee by one of its wholesale customers, or derived from such information, and the wholesale customer has not consented to disclosure to NBN Co for the Permitted Purposes (the instrument’s text should be read exactly as drafted). These qualifying conditions affect what the licensee must disclose and highlight dependencies on wholesale customer data flows and consents.

Report Date is a multi‑tiered schedule. For standard active services and Eligible Special Services the Report Dates are calendar and working day markers relative to a rollout region’s disconnection date or Special Service Disconnection Date; for in‑train order premises or MDU common areas there are distinct timing rules (s 11(1), definition of Report Date). The varied Report Date categories create operational workstreams for different classes of services and premises.

Permitted Purpose is another gating concept. NBN Co’s allowed uses are enumerated (s 11(7)) and include internal reporting for disconnection readiness, comparing licensee data with NBN Co’s records to identify non‑migrated premises, guiding regional marketing activities and premises‑level engagement targeted at particular device types or registers (medical alarm, lift alarm, etc.). A separate list of prohibitions in s 11(8) tightly constrains commercial and privacy‑sensitive uses: for example, NBN Co must not use the information for direct marketing to sell NBN products or to promote retail service providers, may not compare Specified Premises Location Information against other data to identify individuals (subject to a limited set of exceptions), and must not provide specified types of marketing that could influence retail choice.

Primary obliged party

Telstra Infraco Limited is the licensee bound by this Declaration; the instrument defines “licensee” as Telstra Infraco Limited (ACN 051 775 556) and states the conditions apply to the company as it exists from time to time (s 4 and s 11(1) definition of licensee). The obligations are licence conditions imposed under the Telecommunications Act 1997 (see s 3, which references subsection 63(2) of the Act).

Direct recipients and processors

NBN Co is the principal recipient of Specified Premises Location Information (s 11(2)). The instrument also identifies Recipient Entities, comprising NBN Co employees and officers, NBN Co contractors or subcontractors engaged for the permitted purposes, and marketing contractors/subcontractors for certain campaign lists (definition of Recipient Entities in s 11(1)). Those Recipient Entities are the persons explicitly authorised to receive and process the Specified Premises Location Information.

Wholesalers and wholesale customers

The disclosure obligation specifically refers to information that “was given to the licensee by one of its wholesale customers, or derived from such information” as qualifying Specified Premises Location Information (s 11(1) definition). That references the relationship between licensee and wholesale customers and implies that wholesale customers’ data provision practices and consents affect the dataset the licensee must manage and disclose. The licensee must, where it has an agreement with NBN Co, offer to make that agreement available to any wholesale customer whose information would otherwise be provided (s 11(3)(c)); this creates a transparency vector for wholesale customers and a channel for them to seek to understand terms under which their data may be passed to NBN Co.

Retail service providers and end users

Retail service providers and other providers of retail carriage services are expressly excluded from receiving the Specified Premises Location Information (s 11(8)(d)). End users or occupants of premises are affected indirectly because data about premises where their services run will be provided to NBN Co and used for disconnection readiness, migration planning and certain targeted communications permitted by the Declaration (s 11(7)). The instrument permits NBN Co or its contractors to carry out premises‑level activities such as addressed mail, door‑knocking and certain outbound telephone contact to persons on specified alarm registers (s 11(7)(d)(i)-(ii)). How end users experience those activities will change where Specified Premises Location Information is used to identify premises at risk of disconnection or where particular devices may be affected.

Key duties

Provision of Specified Premises Location Information to NBN Co

The licensee must provide Specified Premises Location Information to NBN Co in respect of a set of defined active service categories and for each applicable Report Date (s 11(2)). The categories are enumerated (standard active services, in‑train order premises, MDU common areas, and several kinds of Eligible Special Services; see s 11(2)). The data items constituting Specified Premises Location Information are defined in s 11(1).

Timing and format obligations

Where no certified legally binding agreement exists that governs timing, the licensee must deliver the Specified Premises Location Information to NBN Co no later than 10 working days after each Report Date (s 11(4)). The instrument gives the licensee a limited excuse for breaches caused by events outside reasonable control if it remedies the breach (s 11(6)).

Public ESA lookup and public reporting

The licensee must operate a free, public, automatic online system that allows a user to input an address and receive either the name of the relevant ESA or a statement and reasons why no relevant ESA applies (s 11B(1)-(4)). The system must be always accessible and provide an immediate or near‑immediate response (s 11B(5)). The licensee must publish quarterly public reports for each relevant ESA within 28 days of quarter end (unless a longer period is approved) containing a specified set of metrics about reportable services, faults, appointments, complaints, availability and contacts (s 11C(1)-(2)). Reports must remain available on the website for at least five years (s 11C(3)).

Regulatory reporting

During the initial reporting period the licensee must give a report to the ACMA and an authorised officer (or Secretary) within three months of the period’s end containing required monthly information (s 11D(1)). For subsequent reporting periods the licensee must give quarterly reports to the ACMA and an authorised officer (or Secretary) within 28 days of quarter end containing specified monthly tables (s 11E(1)). The reports must be in .xlsx or another authorised machine‑readable format, single file where practicable, using separate tables per required dataset, with clear headings and a glossary (s 11F(1)(a)-(f)).

Data use constraints and permitted uses

NBN Co’s permitted uses are confined to internal reporting for disconnection readiness, comparing licensee data with NBN Co records to find non‑migrated premises, regional marketing guidance, premises‑level engagement under constrained circumstances (mail, door‑knocking, some outbound calls for registered alarm devices) and estimation of installation capacity, with the caveat that Specified Premises Location Information must not be disclosed beyond Recipient Entities (s 11(7)(a)-(e)). The Declaration enumerates multiple prohibitions on NBN Co’s use and disclosure of the Specified Premises Location Information such as no direct marketing to promote or sell NBN Co products or retailers (s 11(8)(a)-(b)), no communications to identified individuals unless that individual has provided contact details, no comparison or matching to personal data except in tightly defined circumstances, and various other restrictions (s 11(8)(c)-(g)).

Statutory basis and enforcement context

The Declaration is made under subsection 63(2) of the Telecommunications Act 1997 (s 3). It operates as a carrier licence condition under that power. The instrument itself does not specify civil pecuniary penalties, criminal offences, or a detailed enforcement regime in its text. Because it is a licence condition imposed under the Act, enforcement mechanisms available under the Telecommunications Act 1997 and the carrier licensing framework will be the legal backdrop for compliance and enforcement, although this Declaration does not itself reproduce those enforcement provisions.

Regulatory oversight

The instrument prescribes reporting to the Australian Communications and Media Authority (ACMA) and to an authorised officer or the Secretary (see s 11D(1), s 11E(1)). Those reports provide the ACMA and authorised officers with the detailed data needed to monitor compliance with CSG‑related duties and to verify that the licensee is meeting the reporting obligations established by the Declaration. The Secretary has the power to designate authorised officers (s 11A(2)); authorised officers may approve longer reporting periods, notify technical formats and receive certified agreements (numerous provisions refer to authorised officers’ written notices).

No explicit penalty figures or enforcement procedures in the instrument

The Declaration does not set specific monetary penalties, infringement notices or civil penalty schedules within its text. It also does not state a specific consequences matrix for breaches of the NBN Co use restrictions in s 11(8). Any enforcement would proceed under the general powers attached to carrier licence conditions and the Telecommunications Act 1997. Readers should therefore consult the Act for the statutory enforcement toolbox (not reproduced in this Declaration).

Contractual remedies and suspension rights

The instrument builds in commercially enforceable mechanisms by requiring certified agreements and by creating conditions under which the licensee is not required to provide data. For example, the licensee is not required to provide Specified Premises Location Information where NBN Co is in material breach of a binding agreement (s 11(5)(a)), or where the licensee reasonably determines NBN Co will use data for non‑permitted purposes and gives NBN Co a reasonable opportunity to cease such use (s 11(5)(b)). The requirement for cost‑reimbursement and indemnity agreements before disclosure (s 11(5)(c)-(d)) creates a commercial enforcement lever: the licensee can withhold data until these contractual protections are in place.

Primary statutory interaction

The Declaration is issued under the Telecommunications Act 1997 (s 3 refers to subsection 63(2) of the Act) and repeatedly cross‑references the Telecommunications (Customer Service Guarantee) Standard 2011 (the CSG Standard) and the Telecommunications (Migration Plan Principles) Determination 2015 (see s 11(1) and definitions). It does not replace or rewrite those instruments but imports terminology and procedural references from them. For example, the meaning of “CSG service”, “fault or service difficulty”, “in train order premises”, “Copper Service” and relevant migration plan terms are adopted from those instruments (s 11(1) definitions). The instrument therefore sits alongside and implements aspects of the CSG Standard and migration plan obligations by making licence conditions that require specific reporting and data disclosure consistent with the migration plan process.

Privacy law interface

The Declaration defines “Privacy Laws” to include the Privacy Act 1988 (Cth), Part 13 of the Telecommunications Act and guidance from the relevant privacy regulator (s 11(1)). It imposes explicit constraints on how NBN Co may use and disclose Specified Premises Location Information (s 11(7)-(8)), and it restricts NBN Co’s ability to match the data against personal information save for enumerated exceptions (s 11(8)(e)-(f)). These textual limits operate in parallel with statutory privacy obligations under the Privacy Act and related telecommunications privacy requirements; a breach of the Declaration’s use limits could also raise privacy law issues enforceable under the Privacy Act and by the Office of the Australian Information Commissioner.

Contract law and indemnities

The Declaration contemplates and privileges legally binding agreements between the licensee and NBN Co that specify timing, limitations and other matters (s 11(3)). If such an agreement exists, the licensee must comply with it when providing the data, subject to subsection 11(2) overriding agreement terms that would otherwise stop the licensee from complying due to a wholesale customer’s lack of consent (s 11(3)). The Declaration expressly allows the licensee to require agreements that reimburse reasonable IT modification costs and indemnify against losses arising from NBN Co misuse; in the absence of those agreements, the licensee is not required to provide the Specified Premises Location Information (s 11(5)(c)-(d)). Those provisions create a hybrid regulatory-contractual enforcement model where commercial contracts mediate statutory disclosure obligations.

Documented links to prior instruments

The Declaration itself references the Carrier Licence Conditions (Telstra Corporation Limited) Declaration 1997 (Amendment No. 1 of 2018) as the “Amending Declaration” in s 11(1) definitions. That reference indicates the drafting context and that the migration plan and its amendments (including the Amending Declaration) are relevant to how the Report Dates and migration triggers operate under this instrument. The Declaration also imports numerous definitions from the Telecommunications (Migration Plan Principles) Determination 2015 and the Telecommunications (Customer Service Guarantee) Standard 2011 (s 11(1) definitions), indicating that changes to those instruments may affect how terms are applied.

No internal amendment schedule in the text

The instrument as provided does not contain an internal amendment schedule, transitional provisions (other than the defined initial reporting period), or express revocation clauses for prior instruments within its body. It is a stand‑alone declaration made under s 63(2) of the Telecommunications Act 1997 (s 3). Any amendment to the Declaration itself would require a new instrument issued under the same statutory power and recorded in the usual legislative instruments register.

References to evolving external documents

Several of the Declaration’s definitions and triggers depend on external documents and dates that may vary over time, including:
- The migration plan and Definitive Agreements, which determine Special Service Disconnection Dates, Changed Technology Extension Dates, white papers and in‑train order lists (s 11(1) definitions).
- The Information Campaign and Migration Deed between the licensee and the Commonwealth, which the instrument contemplates may be amended from time to time and which is referenced in permitted marketing activity (s 11(1) definitions and s 11(7)(d)).
- NBN Co Communications Policies and other business rules or codes that NBN Co may issue and update (s 11(1) definitions and s 11(8)(g)(v)).

These cross‑references mean that, while the Declaration’s text may remain unchanged, its practical application will shift with amendments to the migration plan, Definitive Agreements, NBN Co policies and the Information Campaign and Migration Deed. Those external changes are not amendments to the Declaration itself but affect compliance obligations because the Declaration explicitly ties duties to those external instruments (for example, Report Dates tied to disconnection dates under the migration plan).

No litigation recorded in the instrument

The Declaration text does not include any references to judicial or tribunal decisions or to precedent litigation concerning the instrument. It does not cite cases, examples of contested enforcement actions, or any litigation outcomes, and it contains no clause summarising prior disputes.

Implication for research

The absence of a litigation history in the Declaration means that anyone seeking decisions or contested interpretations of these licence conditions must search external sources: ACMA decisions, applications to courts concerning carrier licence conditions under the Telecommunications Act 1997, or judicial reviews. The declaration itself does not record such material.

What practitioners should check

Practitioners interested in litigation outcomes or how certain terms have been judicially interpreted should:
- Review ACMA enforcement decisions and published determinations that reference Telstra’s licence conditions or data disclosures under the migration plan.
- Check court and tribunal databases for cases involving carrier licence conditions, CSG Standard compliance disputes, or disputes between Telstra (or Telstra Infraco) and NBN Co arising from data disclosure, indemnity, or contractual obligations referenced in s 11(3)-(5).
- Examine administrative law records where authorised officers or the Secretary have exercised discretion under the instrument, such as approving longer reporting periods, specifying electronic form communications or formats for geographic coordinates.

Limitations in the instrument’s scope

Because the Declaration does not itself create a penalty schedule, litigation arising from breaches of these conditions would likely proceed on several bases: contractual disputes (if the parties have entered the agreements contemplated by s 11(3)), regulatory enforcement or administrative sanctions under the Telecommunications Act 1997, or privacy or consumer‑law cases if there were misuse of data in breach of Privacy Laws or the instrument’s restrictions (s 11(1) definition of Privacy Laws; s 11(8) prohibitions). None of these litigation pathways are narrated in the Declaration; their existence and outcomes must be sourced externally.

In short, the Declaration contains no internal litigation history. Research into practical enforcement, contested interpretations or precedent requires consultation of ACMA records, court and tribunal decisions, and possibly dispute records between the parties to the migration plan and Definitive Agreements.

Timing complexity and multiple Report Date classes

Report Dates are defined differently depending on the category of active service: standard active services and various Eligible Special Services have numerous calendar and working‑day intervals tied to disconnection dates or Special Service Disconnection Dates; in‑train order premises and MDU common areas have their own schedules (s 11(1) definition of Report Date and s 11(2)). Managing these staggered timelines creates operational complexity and requires robust business rules to map each service to the correct Report Dates. Missing or misclassifying a service type could trigger late disclosure or the need for remedial notifications under s 11(6).

Ambiguity in the Specified Premises Location Information qualification

The definition of Specified Premises Location Information requires that the information “is within the licensee’s control as at that Report Date” and “was given to the licensee by one of its wholesale customers, or derived from such information, and the wholesale customer has not consented to the licensee disclosing that information to NBN Co for the Permitted Purposes” (s 11(1) definition). This clause is tightly worded and can be read as capturing premises data originating from wholesale customers even where wholesale customers have not consented to disclosure. The requirement that a certified agreement will override wholesale customer consent (s 11(3)) compounds the need to review wholesale contracts and data provenance carefully. Practitioners should not assume implied consent where wholesale billing and provisioning systems feed the licensee; each data element’s provenance must be traced.

Conditional withholding and commercial bargaining chips

The licensee has explicit non‑provision rights where certain agreements are not in force (s 11(5)(c)-(d)). That is functionally powerful, but it is also conditional: refusal is limited to the absence of an agreement that will reimburse reasonable, direct and incremental IT modification costs or to indemnify against NBN Co misuse. The exact scope of “reasonable direct and incremental costs” is not defined. Parties will need to negotiate and document these terms tightly because commercial disagreement about what costs are recoverable could delay data flows and trigger regulatory scrutiny.

Public lookup must be free and immediate

The ESA lookup must be an automatic system, available 24/7, free, and require only an Australian address as input (s 11B(1)-(5)). Implementing a lookup that meets the immediate or near‑immediate requirement, is accessible globally, secures data inputs, and avoids registration or fees may be operationally nontrivial. There is no explicit transitional tolerance for downtime; the system must be in place by the time the first public report must be published (s 11B(3)).

Implement a compliance project plan mapped to the instrument’s triggers

Map Report Date categories to internal data models. The licensee must identify for each active service whether it is a standard active service, an in‑train order service, an MDU common area service, or an Eligible Special Service type and then determine the correct Report Dates for each rollout region or SS Class (s 11(1) definitions; s 11(2)). Create a cross‑walk from migration plan milestones and Definitive Agreements (as referenced in the Declaration) to internal event calendars so data extracts are generated for each Report Date and delivered within 10 working days where no agreement governs timing (s 11(4)).

Data provenance and consent mapping

Inventory the data elements that might constitute Specified Premises Location Information and document the provenance of each element, noting which were provided by wholesale customers or derived from wholesale customer inputs (s 11(1) definition). Where wholesale customer data is involved, prepare a process to:
- Offer wholesale customers a certified copy of any agreement between licensee and NBN Co on reasonable written request (s 11(3)(c)).
- Assess whether existing wholesale agreements contain confidentiality or consent clauses that the Declaration expressly overrides (s 11(3) notes that subsection 11(2) overrides agreement terms that would prevent compliance because of wholesale customer non‑consent), and advise legal counsel where contractual conflict arises.

Negotiate and document agreements with NBN Co

Negotiate a legally binding agreement with NBN Co that specifies timing for provision, limitations on use or disclosure and any other matters the parties agree on (s 11(3)(a)). Provide a certified copy of that agreement to the ACMA (s 11(3)(b)). Ensure the agreement addresses:
- Reimbursement of reasonable direct and incremental IT modification costs required to generate the datasets (s 11(5)(c)).
- Indemnity provisions for losses or claims arising from NBN Co’s misuse or inconsistent use of the Specified Premises Location Information (s 11(5)(d)).
- Clear description of Recipient Entities and technical and contractual controls around contractors and subcontractors.
- Audit, breach notification and remedial mechanisms to enable the licensee to rely on s 11(5)(a) and s 11(5)(b) where necessary.

Develop secure, auditable data feeds and system changes

1 Name

This instrument is the Telecommunications (Carrier Licence Conditions ‑ Telstra Infraco Limited) Declaration 2019.

3 Authority

This instrument is made under subsection 63(2) of the Telecommunications Act 1997.

Note: Section 63A of the Act provides that until the first occasion after the commencement of that section on which a declaration under subsection 63(2) of the Act takes effect in relation to a carrier licence held by Telstra Limited:

(a) the carrier licence is subject to the conditions set out in section 11 of this declaration; and
(b) for that purpose, a reference in that section to the licensee is to be read as a reference to Telstra Limited.

4 Definitions

In this instrument:

Act means the Telecommunications Act 1997.

ACCC means the Australian Competition and Consumer Commission.

ACMA means the Australian Communications and Media Authority.

CSG service has the same meaning as in the CSG Standard when provided to a customer of the licensee but does not include a service the supply of which by the licensee is exempt from compliance with performance standards under section 18 of the CSG Standard.

CSG Standard means the Telecommunications (Customer Service Guarantee) Standard 2011.

customer includes the nominee of a customer.

fault or service difficulty, when used in relation to a CSG service, has the same meaning as in the CSG Standard.

licensee means Telstra Infraco Limited (ACN 051 775 556), as the company exists from time to time (even if its name is later changed).

Minister means the Minister responsible for administering the Telecommunications Act 1997.

quarter means a period of 3 months ending on 31 March, 30 June, 30 September or 31 December.

Secretary means the Secretary of the Department.

STS means the standard telephone service supplied by the licensee in fulfilment of its universal service obligation under Part 2 of the T(CPSS) Act.

working day, in a location, means a day that is not a Saturday, Sunday or public holiday in the location.

11 Disclosure of Specified Premises Location Information to NBN Co

(1) In this section 11:

access technology has the same meaning as in the Telecommunications (Migration Plan Principles) Determination 2015.

active service means, as at any Report Date, a wholesale carriage service:

(a) supplied by the licensee at an Eligible Premises;
(b) which uses a Copper Path; and
(c) which, according to the licensee’s systems, has not been disconnected from any of the licensee’s networks.

Amending Declaration means the Carrier Licence Conditions (Telstra Corporation Limited) Declaration 1997 (Amendment No. 1 of 2018).

Australian Consumer Law has the meaning given to the term in the Competition and Consumer Act 2010.

Australian Address Reference File means the dataset or addresses, information related to those addresses, and other address’ related information, compiled and maintained by Australia Post.

Changed Technology Extension Date, for a special service or special service input, means the date by which the service or input is required to be disconnected, where the date was determined:

(a) as a result of either of the following:
(i) NBN Co having notified the licensee after the date that is 6 months before the disconnection date for the rollout region in which the premises is located of a change in access technology that NBN Co uses, or proposes to use, to make that premises NBN Serviceable;
(ii) NBN Co having first notified the licensee after the date that is 6 months before the disconnection date for the rollout region in which the premises is located of the access technology that NBN Co uses, or proposes to use, to make that premises NBN Serviceable; and
(b) in accordance with provisions of the migration plan of the kind referred to in subsection 18(6) of the Telecommunications (Migration Plan Principles) Determination 2015.

Copper Path means a logical path built over a copper line or series of copper lines used to provide a carriage service at a premises.

Copper Service has the same meaning as in the Telecommunications (Migration Plan Principles) Determination 2015.

Definitive Agreements has the same meaning as in the Telecommunications (Migration Plan Principles) Determination 2015.

disconnection date has the same meaning as in the Telecommunications (Migration Plan Principles) Determination 2015.

Eligible Premises means, in respect of a Report Date for a kind of active service mentioned in paragraphs 11(2)(a) to (g), a premises that, as at that Report Date:

(a) is in the fixed footprint list for a rollout region; and
(b) to the extent the Report Date is for a kind of active service that is an Eligible Special Service—is a premises in relation to which NBN Co has notified the licensee of the access technology that NBN Co has used, or proposes to use, to make the premises NBN Serviceable; and
(c) that the licensee expects will be required to be disconnected in relation to an active service of that kind.

Eligible Special Service means a special service or special service input that:

(a) is in an SS Class for which a Special Service Disconnection Date has been determined in accordance with a white paper covering that SS Class; and
(b) the licensee expects will be required to be disconnected:
(i) by no later than the date that is 25 working days after the Special Services Disconnection Date for the SS Class; or
(ii) in accordance with provisions of the migration plan of the kind referred to in subsection 18(6) of the Telecommunications (Migration Plan Principles) Determination 2015 that relate to Changed Technology Extension Dates; or
(iii) if the service or input is supplied to a premises that is not an in train order premises—following the disconnection date for the rollout region of the premises to which the service or input is supplied, in accordance with provisions of the migration plan of the kind referred to in paragraphs 12(6)(b) or (d) of the Telecommunications (Migration Plan Principles) Determination 2015.

fixed footprint list has the same meaning as in the Telecommunications (Migration Plan Principles) Determination 2015.

historical footprint list means an address list provided by NBN Co to retail service providers that details the then current rollout regions, including the address information and the service class for each premises included in that list.

in train order premises has the same meaning as in the Telecommunications (Migration Plan Principles) Determination 2015.

in train order list means the list of in train order premises prepared by NBN Co and notified to the licensee in accordance with the Definitive Agreements.

Information Campaign and Migration Deed means the deed of the same name entered into between the licensee and the Commonwealth, as amended from time to time.

licensee representatives means any directors, employees, officers, representatives, delegates, professional or financial advisers, agents, contractors or sub‑contractors of the licensee (in their capacity as such).

MDU common area has the same meaning as in the Telecommunications (Migration Plan Principles) Determination 2015.

migration has the same meaning as in the Telecommunications (Migration Plan Principles) Determination 2015.

migration plan means the final migration plan in force at the commencement of the Amending Declaration, including as varied from time to time in accordance with section 577BF of the Act.

NBN based service has the same meaning as in the Telecommunications (Migration Plan Principles) Determination 2015.

NBN Co means NBN Co Limited (ACN 136 533 741), as the company exists from time to time (even if its name is later changed).

NBN Co Communications Policies means business rules, codes of practice and policies of NBN Co relating to marketing and communications with end‑users (if any) as these exist from time to time.

NBN Connected means:

(a) an FTTB‑Connected Premises; or
(b) an FTTN‑Connected Premises; or
(c) an FTTP‑Connected Premises; or
(d) an HFC‑Connected Premises,

in each case, as those terms are defined in the Telecommunications (Migration Plan Principles) Determination 2015.

NBN Co fixed‑line network has the same meaning as in the Telecommunications (Migration Plan Principles) Determination 2015.

NBN Service has the same meaning as in the Telecommunications (Migration Plan Principles) Determination 2015.

NBN Serviceable has the same meaning as in the Telecommunications (Migration Plan Principles) Determination 2015.

national broadband network has the same meaning as in the National Broadband Network Companies Act 2011.

Permitted Purpose means a purpose permitted under subsections 11(7) and 11(8).

premises has the same meaning as in the Telecommunications (Migration Plan Principles) Determination 2015.

Privacy Laws means the Privacy Act 1988 (Cth), Part 13 of the Act and any guidelines relating to Personal Information issued by the Office of the Australian Information Commissioner or Privacy Commissioner (or such officer or commissioner, as applicable, as replaces it to assume oversight with respect to the Privacy Laws from time to time).

Recipient Entities means employees and officers of NBN Co, any contractor of NBN Co engaged for the purposes referred to in subsection 11(6) (or any sub‑contractors of such a person) and, for disclosures of a campaign list derived using or comprising Specified Premises Location Information only, any marketing contractor (and any sub‑contractors of such a person) engaged by NBN Co for the Restricted Permitted Purpose.

Related Entities means each related body corporate of the licensee and any entity which is controlled by the licensee, from time to time.

Report Date:

(a) for standard active services and Eligible Special Services covered by subparagraph (b)(iii) of the definition of that expression—means each of the following dates that occurs in relation to a rollout region at any time during the period from and including the date on which the Amending Declaration commenced to the Rollout Completion Date:
(i) each date that is 12, 9, 6, 5, 4, 3, 2 or 1 calendar months before the disconnection date for the rollout region;
(ii) the disconnection date for the rollout region;
(iii) the date that is 25 working days after the disconnection date for the rollout region; and
(b) for active services supplied to an in train order premises—means each date that is 60 or 120 working days after the disconnection date for a rollout region; and
(c) for active services supplied to an MDU common area—means each of the following dates that occurs in relation to a rollout region:
(i) each 31 May and 30 November that occurs after the disconnection date for the rollout region, but before the first date that occurs for the rollout region under subparagraph (iii);
(ii) the date that is the later to occur of the date that is 24 months after the Rollout Completion Date and the date that is 20 working days after the disconnection date for the rollout region;
(iii) each date that is 6, 5, 4, 3, 2 or 1 calendar months before the later date mentioned under subparagraph (ii) for the rollout region; and
(d) for active services that are Eligible Special Services covered by subparagraph (b)(i) of the definition of that expression—means each date that is 24, 18, 12, 6, 5, 4, 3, 2 or 1 calendar months before the Special Service Disconnection Date for the SS Class of any of those active services; and
(e) for active services that are Eligible Special Services covered by subparagraph (b)(ii) of the definition of that expression—means each date that is 6, 5, 4, 3, 2 or 1 calendar months before the Changed Technology Extension Date for any of those active services; and
(f) in any case—also includes any other date which the licensee (at its discretion) notifies NBN Co in writing will be a Report Date for a specified kind of active service.

Restricted Permitted Purpose means the purposes set out in paragraph 11(7)(d).

retail service provider has the same meaning as in the Telecommunications (Migration Plan Principles) Determination 2015.

Rollout Completion Date means the date on which the Minister for Communications declares in accordance with the National Broadband Network Companies Act 2011 that, in his or her opinion, the national broadband network should be treated as built and fully operational.

rollout region has the same meaning as in the Telecommunications (Migration Plan Principles) Determination 2015.

SAM means service area module.

special service has the same meaning as in the Telecommunications (Migration Plan Principles) Determination 2015.

Special Service Disconnection Date, in relation to an SS Class, means the disconnection date for that SS Class determined in accordance with provisions of the migration plan of the kind referred to in subsection 18(6) of the Telecommunications (Migration Plan Principles) Determination 2015.

special service input has the same meaning as in the Telecommunications (Migration Plan Principles) Determination 2015.

Specified Premises Location Information, in respect of a Report Date for a kind of active service mentioned in paragraphs 11(2)(a) to (g), for the active services of that kind that:

(a) if covered by paragraph 11(2)(d)—are in an SS Class with a relevant Special Service Disconnection Date for that Report Date; or
(b) if covered by paragraph 11(2)(e)—have a relevant Changed Technology Extension Date for that Report Date; or
(c) if not covered by those paragraphs—are supplied to an Eligible Premises in a relevant rollout region for that Report Date; or
(d) in any case—are services which the licensee (at its discretion) has otherwise notified NBN Co in writing will be covered by that Report Date;

means the following information: (e) the national broadband network location identification number for each Eligible Premises receiving an active service of that kind; and (f) for each of those active services that is an Eligible Special Service—the identity of the white paper for the SS Class in which the service is included that determined the Special Service Disconnection Date for that SS Class; in each case, determined as at that Report Date where that information: (g) is within the licensee’s control as at that Report Date; and (h) was given to the licensee by one of its wholesale customers, or derived from such information, and the wholesale customer has not consented to the licensee disclosing that information to NBN Co for the Permitted Purposes (or any one or more of the Permitted Purposes).

SS Class means any class comprised of:

(a) all special services that are included in an SS Class (within the meaning of the migration plan) that relates to one of the services described in the column headed “Access Service” in Table 2 of Schedule 1 to the Telecommunications (Migration Plan Principles) Determination 2015; and
(b) all special service inputs that are used to supply any service that is equivalent to a special service mentioned in paragraph (a).

standard active service means an active service that is not:

(a) supplied to an in train order premises; or
(b) supplied to an MDU common area; or
(c) a special service or special service input; or
(d) an active service of a kind covered by paragraph 11(2)(g).

white paper, in relation to an SS Class, means a white paper that:

(a) was published by NBN Co in accordance with the migration plan; and
(b) has not been successfully disputed in accordance with the migration plan; and
(c) has determined the Special Service Disconnection Date for that SS Class for the purposes of the migration plan.

(2) Subject to subsection 11(5), the licensee must provide Specified Premises Location Information to NBN Co in respect of active services of the following kinds: (a) standard active services; (b) active services supplied to in train order premises; (c) active services supplied to MDU common areas; (d) active services that are Eligible Special Services of the kind mentioned in subparagraph (b)(i) of the definition of that expression; (e) active services that are Eligible Special Services of the kind mentioned in subparagraph (b)(ii) of the definition of that expression; (f) active services that are Eligible Special Services of the kind mentioned in subparagraph (b)(iii) of the definition of that expression; (g) any other kind of active service (that is not mentioned above) that the licensee, at its discretion, has notified NBN Co in writing is to be a kind of active service; in each case, in respect of each Report Date for that kind of active service, for use or disclosure by NBN Co for the Permitted Purposes. (3) If: (a) a legally binding agreement is in force between the licensee and NBN Co which specifies all of the following matters: (i) the timing for the provision of Specified Premises Location Information; (ii) any limitations or restrictions on the purposes for which NBN Co may use or disclose Specified Premises Location Information; and (iii) any other matter agreed between the licensee and NBN Co in respect of the provision of Specified Premises Location Information (including any matter that this section provides may be dealt with by way of written notice given by the licensee to NBN Co); (b) a certified copy of the agreement referred to in paragraph (a) has been provided to the ACMA; and (c) the licensee offers to make available, upon reasonable written request by a wholesale customer whose information would otherwise be provided to NBN Co under this section 11, a copy of the agreement referred to in paragraph (a), the licensee must comply with subsection 11(2) by providing the Specified Premises Location Information to NBN Co in accordance with the terms of that agreement (except that subsection 11(2) will override any term of such agreement to the extent that such a term would otherwise prevent the licensee from complying with subsection 11(2) because a wholesale customer has not consented to disclosure of the Specified Premises Location Information to NBN Co). (4) If a legally binding agreement of the type referred to in subsection 11(3) is not in force, the licensee must provide the Specified Premises Location Information in respect of each Report Date to NBN Co by no later than 10 working days after that Report Date. (5) The licensee is not required to provide Specified Premises Location Information to NBN Co under subsection 11(2): (a) where a legally binding agreement of the type referred to in subsection 11(3) is in force, if and for so long as NBN Co is (or will imminently be) in breach of a material term of that agreement, and as a consequence, the licensee is not required to provide the Specified Premises Location Information to NBN Co under that agreement; (b) where a legally binding agreement of the type referred to in subsection 11(3) is not in force, if and for so long as the licensee, acting reasonably, determines that NBN Co is (or will imminently commence) using or disclosing the Specified Premises Location Information for a purpose other than a Permitted Purpose, provided the licensee has given NBN Co a reasonable opportunity to cease (or prevent) that use or disclosure; (c) where a legally binding agreement between NBN Co and the licensee under which NBN Co will reimburse the licensee for reasonable, direct and incremental costs associated with modifications to the licensee’s IT systems required to enable the licensee to provide the Specified Premises Location Information to NBN Co is not in force; (d) where a legally binding agreement between the licensee and NBN Co (or another person) under which NBN Co (or another person) will indemnify the licensee for losses or claims arising as a result of use or disclosure by NBN Co of the Specified Premises Location Information in a manner inconsistent with subsections 11(7) and 11(8) is not in force. (6) The licensee will not be in breach of subsection 11(2) in circumstances where the breach is a breach of subsection 11(4) and that breach is directly caused by an event or circumstance outside of the licensee’s reasonable control provided that (where the breach is reasonably capable of being remedied) the licensee remedies the breach once the relevant event or circumstance ceases. (7) NBN Co may only use or disclose the Specified Premises Location Information: (a) for internal reporting to employees and officers of NBN Co who are involved in disconnection readiness activities; (b) for the purpose of identifying premises with active services that have not yet migrated to the NBN Co fixed‑line network by comparing the Eligible Premises contained in Specified Premises Location Information with NBN Co records of: (i) the premises in respect of which NBN Co has received a serviceable order for the provision to a retail service provider of an NBN Service but which are not yet NBN Connected; (ii) premises which are not NBN Serviceable; (c) to guide marketing activities at a rollout region level (e.g. by identifying rollout regions with migrations running behind schedule); (d) for NBN Co or its marketing contractors or sub‑contractors to undertake activities at a premises level limited to sending mail addressed to the “Owner”, “Occupant” or “Resident” of a premises or door‑knocking, outdoor advertising, sending emails to persons receiving services at a premises, telephone communications (including outbound telephone campaigns) with persons at premises which are identified on the medical alarm register, fire alarm register or lift alarm register and such other activities as the licensee and NBN Co may agree: (i) consistent with the public information and education campaign activities described in Schedule 2 to the Information Campaign and Migration Deed; or (ii) to identify premises where any of the following: (A) monitored or non‑monitored medical alarm or pendant; (B) elevator phone; (C) monitored or non‑monitored fire alarm; (D) monitored or non‑monitored security alarm; (E) TTY devices (hearing impaired); (F) EFTPOS machine; (G) automated teller machine; (H) fax machine; (I) similar device or service to those listed above; (other than a device or service that is being supplied using a special service or special service input) is used and which may cease to function if a Copper Service to that premises is disconnected; or (e) to estimate the installation capacity required to complete any remaining migrations, which may involve NBN Co using Specified Premises Location Information in NBN Co’s existing forecast process (which provides NBN Co’s service delivery partners with an activations forecast by month, by SAM or customer service area) but which must not involve disclosure of Specified Premises Location Information to any person that is not a Recipient Entity. (8) NBN Co must not use or disclose Specified Premises Location Information: (aa) for any direct marketing or communications to a person in respect of disconnection of an Eligible Special Service provided to that person at premises using Specified Premises Location Information provided in respect of the Eligible Special Service before the date that is 18 months before the Special Service Disconnection Date for the SS Class in which that Eligible Special Service is included; (a) for direct marketing by NBN Co to promote or sell products or services available over the NBN Co fixed‑line network, or to promote any particular retail service providers; (b) in a campaign that does not support the principle of neutrality in relation to specific retail service providers; influences end‑users regarding their choice of retail service providers; or that promotes, or provides a trigger for end‑users to, churn; except that this does not apply (in the absence of any further conduct) if NBN Co, its marketing contractors or sub‑contractors: (i) refers end‑users to a website that contains a list of retail service providers and their contact details; or (ii) states that end‑users should contact a retail service provider or should contact their preferred retail service provider; (c) for communications addressed to specific individuals (for example, individuals identified by name), except where the individual has separately provided their contact details to NBN Co; (d) by or to any person who is a provider of retail carriage services in Australia, including any retail service provider; (e) to compare or match or attempt to compare or match a premises to an end‑user’s personal details or to any other data (whether or not this constitutes “personal information” under Privacy Laws and whether or not this is done by NBN Co or a person acting on behalf of NBN Co), except for: (i) NBN Co comparing Specified Premises Location Information with the historical footprint list, the fixed footprint list, in train order list, the medical alarm register, fire alarm register or the lift alarm register; or (ii) NBN Co matching the Specified Premises Location Information against the following information in NBN Co’s marketing campaign databases for the purposes of undertaking the activities described in paragraph 11(7)(d) only: (A) contact details and other information provided by a person to NBN Co; (B) the list of premises which are NBN Connected; (C) for each region, NBN Co’s list of retail service providers which are offering NBN based services in that particular region; (D) NBN Co’s lists of excluded premises or SAMs placed on‑hold due to a lack of capacity or other operational reasons; (E) the list of premises in respect of which an order for an NBN Service has been made but the premises are not yet NBN Connected; (F) Australia Post's Postal Address File and Australian Address Reference File; (G) NBN Co information or information obtained from third parties stating whether a premises is classified as business or residential and related profile information for those premises; and (H) the disconnection date which applies to each premises; or (iii) NBN Co matching Specified Premises Location Information of the kind mentioned at paragraph (f) of the definition of that expression in respect of an Eligible Premises against the Special Service Disconnection Date for an Eligible Special Service at that Eligible Premises in NBN Co’s marketing campaign databases for the purposes of undertaking the activities described in paragraph 11(7)(d); or (iv) as expressly provided for in paragraph 11(7)(b); (f) to compare or match with any other information provided by the licensee to NBN Co, whether or not in connection with the licensee’s obligations under the Definitive Agreements, except for any of the following: (i) NBN Co comparing the Specified Premises Location Information of the kind mentioned at paragraph (e) of the definition of that expression with information in NBN Co’s medical alarm register, fire alarm register or the lift alarm register; (ii) NBN Co matching the Specified Premises Location Information against any of the following kinds of information in NBN Co’s marketing campaign databases, for the purposes of undertaking the activities described in paragraph 11(7)(d) only: (A) for each region, NBN Co’s list of retail service providers which are offering NBN based services in that particular region; (B) NBN Co’s lists of excluded premises or SAMs placed on hold due to a lack of capacity or other operational reasons; (C) the list of premises in respect of which an order for an NBN Service has been made but the premises are not yet NBN Connected; (D) NBN Co information or information obtained from the licensee stating whether a premises is classified as business or residential and related profile information for those premises; (iii) NBN Co matching Specified Premises Location Information of the kind mentioned at paragraph (f) of the definition of that expression in respect of an Eligible Premises against the Special Service Disconnection Date for an Eligible Special Service at that Eligible Premises in NBN Co’s marketing campaign databases for the purposes of undertaking the activities described in paragraph 11(7)(d); (iv) NBN Co comparing or matching Specified Premises Location Information provided by the licensee to NBN Co in an order for wholesale NBN Services only, for the purpose mentioned at paragraph 11(7)(b); or (g) in any marketing campaign that involves any of the following: (i) messaging in any communications or marketing materials that refers to the licensee and which it has not approved (such approval not to be unreasonably withheld by the licensee), provided that NBN Co will not require the licensee’s approval where: (A) the particular messaging that refers to the licensee has been included in NBN Co’s communications or marketing materials prior to 25 August 2015, provided that NBN Co has given the licensee a copy of the relevant messaging (and related content which is reasonably sufficient to enable the licensee to identify the context in which the particular messaging appeared in the previous NBN Co communications or marketing materials) before NBN Co uses the particular messaging after 22 August 2015; or (B) the licensee has previously approved in writing the particular messaging that refers to the licensee, provided that NBN Co must seek the licensee’s re‑approval (such re‑approval not to be unreasonably withheld by the licensee) for any such messaging if NBN Co changes the context in which such messaging refers to the licensee in a material way; (ii) a breach of law by NBN Co or any of its Recipient Entities; (iii) statements that defame, disparage or criticise the personal or business reputations, practices or conduct, networks or services of the licensee, its Related Entities or any licensee representatives; (iv) activities inconsistent with applicable laws (including the Australian Consumer Law and Privacy Laws) and applicable codes published by the ACMA; or (v) activities inconsistent with NBN Co Communications Policies, a copy of which will be provided to the licensee by NBN Co where NBN Co determines, acting reasonably, that such NBN Co Communications Policy is relevant to marketing activities and communications with end users to be undertaken by NBN Co using the Specified Premises Location Information.

11A Preliminary provisions for the purposes of sections 11B to 11F

Definitions (1) In this section and in sections 11B, 11C, 11D, 11E and 11F:

another network means any telecommunications network other than a licensee network or the national broadband network.

appointment, when used in relation to a reportable service, means:

(a) an appointment for the connection of the service; or
(b) an appointment for the rectification of a fault or service difficulty in relation to the service.

authorised officer means a person covered by a notice given for the purposes of subsection (2).

complaint, when used in relation to a reportable service, means an expression of dissatisfaction made to the licensee in relation to the service or the complaints handling process itself where a response or resolution is expected by the customer (whether express or implied), but does not include:

(a) an initial call to request information or support or to report a fault or service difficulty in relation to the service, unless the customer advises the licensee that the customer wants the call to be treated as a complaint; or
(b) an issue that is the subject of legal action.

complaint category means any of the following kinds of complaints made in relation to a reportable service (including before it is connected):

(a) a complaint about delay in connecting a service;
(b) a complaint about a disconnection of a service not being processed;
(c) a complaint about changing provider (including issues with number porting or churn);
(d) a complaint about a technician appointment;
(e) a complaint about unclear information provided at point of sale;
(f) any other complaint about sales or orders;
(g) a complaint about a fault (including no service, intermittent service or drop outs);
(h) a complaint about refund or credit owed;
(i) a complaint about credit management action;
(j) a complaint about billing or payment;
(k) a complaint about privacy or fraud issues;
(l) any other complaint about billing and accounts;
(m) a complaint about the licensee being uncontactable or difficult to contact.

contact means:

(a) a call by a person to a call centre; or
(b) an online chat session initiated by a person to an online chat support system; or
(c) an email or other message, or a series of emails or other messages in a chain of correspondence between a person and the licensee (including where one or more of those emails or other messages are generated by a form on the licensee’s website or other electronic system);

in relation to a reportable service (including before it is connected), in each case: (d) where the call centre, chat system, message system or licensee’s email address is operated by or on behalf of the licensee as a formal channel to provide support or sales assistance in relation to reportable services (however described); and (e) whether or not the call centre, chat system, message system or licensee’s email address is used for any other purpose of the licensee.

CSG geographic category means:

(a) urban areas; or
(b) major rural areas; or
(c) minor rural areas; or
(d) remote areas.

An expression used in this definition that is also used in the Telecommunications (Customer Service Guarantee – Retail Performance Benchmarks) Instrument (No. 1) 2011 has the same meaning as in that instrument.

exemption event means a set of circumstances beyond the control of the licensee that is covered by subsection 21(1) of the CSG Standard and to which the licensee is exempt (including provisionally exempt) under section 21 of that standard.

fixed‑line footprint means the areas of Australia where fixed‑line carriage services are supplied, available to be supplied, or proposed to be supplied or to be available to be supplied, to premises.

fixed wireless technology platform has the meaning generally accepted within the telecommunications industry.

initial reporting period means the period:

(a) beginning on 1 January 2019; and
(b) ending on 31 December 2021.

in‑place connection has the meaning given by item 101 of Schedule 1 to the CSG Standard.

kept, when used in relation to an appointment, means kept for the purposes of section 17 of the CSG Standard.

licensee network means a telecommunications network owned by the licensee, or a telecommunications network over which the licensee is in a position to exercise control. The question of whether the licensee is in a position to exercise control over a telecommunications network is to be determined in the same way as under section 577Q of the Act.

local access technology means any of the following:

(a) a licensee network, with the use of an optical‑fibre line to premises;
(b) a licensee network, with the use of a line to premises (other than an optical‑fibre line), but not with the use of high capacity radio concentrators;
(c) a licensee network, with the use of high capacity radio concentrators;
(d) a licensee network, with the use of a fixed wireless technology platform, but not with the use of high capacity radio concentrators;
(e) a licensee network, with the use of a satellite;
(f) the national broadband network, with the use of a fixed wireless technology platform;
(g) the national broadband network, with the use of a satellite;
(h) another network, with the use of an optical‑fibre line to premises;
(i) another network, with the use of a line to premises (other than an optical‑fibre line);
(j) another network, with the use of a fixed wireless technology platform; or
(k) another network, with the use of a satellite.

mass outage event means an exemption event covered by paragraph 21(2)(b) or (c) of the CSG Standard.

missed, when used in relation to an appointment, means missed for the purposes of section 17 of the CSG Standard.

national broadband network has the same meaning as in the National Broadband Network Companies Act 2011.

relevant ESA means an ESA other than an ESA where all of the premises served by the ESA are within the fixed‑line footprint of the national broadband network.

relevant exemption means a provision of Part 3 of the CSG Standard (other than section 18 of that standard) under which the licensee is exempt (including provisionally exempt) from compliance with a performance standard in Part 2 of that standard.

reportable service means a CSG service (other than a fixed‑line carriage service supplied using the national broadband network) that is supplied, or has been requested to be supplied, within a relevant ESA.

required information: see subsections 11D(2) and 11E(2).

substantively engaged with: a contact in relation to a reportable service is substantively engaged with by the licensee when an individual operator first engages with the customer or proposed customer in relation to the substantive issue raised as part of the contact.

Note: A contact is not substantively engaged with by an operator merely because the operator has acknowledged the contact, such as by a reply email acknowledging receipt of the contact indicating an expected response timeframe, or by telling a caller that they will be placed on hold.

unique exemption event identifier, when used in relation to an exemption event, means:

(a) if the event is a mass outage event—the unique numeric or alphanumeric identifier displayed, for the purposes of subsection 25(3) of the CSG Standard, in the notice published in relation to the event under subsection 25(1) of that standard; or
(b) in any other case—a unique numeric or alphanumeric identifier for the event used by the licensee.

unique service identifier, when used in relation to a reportable service, means:

(a) if there is a telephone number for the service (including before it is connected)—the number; or
(b) if there is not a telephone number for the service—another unique numeric or alphanumeric identifier for the service that is not the same as any telephone number; or
(c) in any case—any other unique identifier for the service agreed by an authorised officer; or if there is no authorised officer—the Secretary.

Authorised officers (2) The Secretary may, by written notice given to the licensee, designate an SES employee or acting SES employee in the Department as an authorised officer. Note: The expressions SES employee and acting SES employee are defined in section 2B of the Acts Interpretation Act 1901.

11B Public information on names of relevant ESAs

(1) The licensee must make available on a public part of its website a system that enables a user of the website to readily identify the relevant ESA for a premises in Australia. (2) Unless otherwise notified in writing by an authorised officer; or if there is no authorised officer—the Secretary, the system must be an automatic system that provides a user of the website that enters an address in Australia with: (a) the name of the relevant ESA for the premises located at the address; or (b) if there is not a relevant ESA for the premises—a statement to that effect and the reason(s) why there is no relevant ESA for the premises. (3) The system must be first made available no later than the time at which the first report must be published for the purposes of subsection 11C(1). (4) The system must not require the user to do any of the following things in relation to the provision of the information: (a) pay a fee or charge; (b) register with the system; (c) provide any information other than an address in Australia. (5) The licensee must take all reasonable steps to ensure that: (a) members of the public may access the system at any time of the day or night; and (b) the system provides an immediate, or near‑immediate, response to a request for information.

11C Public reporting on certain CSG services in relevant ESAs

(1) The licensee must, within 28 days of the end of each quarter that begins immediately after the end of the initial reporting period, or a longer period after the quarter, approved, in writing by an authorised officer; or if there is no authorised officer—the Secretary, publish a report on its website for each relevant ESA containing the following information: (a) the name of the relevant ESA; (b) the number of reportable services supplied in the relevant ESA during the quarter; (c) the number of addresses of premises to which services mentioned in paragraph (b) were supplied during the quarter; (d) the average percentage of time during the quarter for which services mentioned in paragraph (b) were not affected by a fault or service difficulty; (e) the number of reportable services supplied in the relevant ESA where: (i) the service was connected during the quarter; and (ii) there was an in‑place connection at the premises before the service was connected; (f) the percentage of services mentioned in paragraph (e) that were connected within the timeframe (if any) required by the CSG Standard; (g) the number of reportable services supplied in the relevant ESA where: (i) the service was connected during the quarter; and (ii) there was not an in‑place connection at the premises before the service was connected; (h) the percentage of services mentioned in paragraph (g) that were connected within the timeframe (if any) required by the CSG Standard; (i) the number of faults and service difficulties that affected, at any time during the quarter, any reportable services supplied in the relevant ESA; (j) the number of faults or service difficulties mentioned in paragraph (i) divided by the number of reportable services supplied in the relevant ESA during the quarter; (k) the number of faults and service difficulties mentioned in paragraph (i) that were rectified during the quarter; (l) the percentage of faults and service difficulties mentioned in paragraph (i) that were rectified within the timeframe (if any) required by the CSG Standard; (m) the number of appointments in relation to reportable services supplied, or proposed to be supplied, in the relevant ESA during the quarter, where the appointment: (i) was scheduled to take place during the quarter; and (ii) was not cancelled or rescheduled in accordance with Division 4 of Part 2 of the CSG Standard; (n) the percentage of appointments mentioned in paragraph (m) that were kept by the licensee; (o) the number of complaints made in relation to reportable services supplied, or proposed to be supplied, in the relevant ESA during the quarter.

Note: See the definition of kept in subsection 11A(1).

(2) The licensee must, within 28 days of the end of each quarter that begins immediately after the end of the initial reporting period, or a longer period after the quarter, approved, in writing by an authorised officer; or if there is no authorised officer—the Secretary, publish a report on its website containing the following information: (a) the aggregate number of contacts received by the licensee in relation to all reportable services supplied, or proposed to be supplied, where: (i) for a call made to a contact centre—the call was made during the quarter; or (ii) for a chat session—the session was initiated during the quarter; or (iii) for an email or other message or a series of emails or other messages in a chain of correspondence—the email or other message was an initial email or other message received during the quarter, or the chain of correspondence was not closed at the end of the quarter; (b) the proportion of contacts mentioned in paragraph (a) that were substantively engaged with: (i) for a call to a call centre or an online chat session—within 3 minutes of the start of the contact; or (ii) for an email or other message or a series of emails or other messages in a chain of correspondence—within 2 working days of the start of the first email or message being received by or on behalf of the licensee. (3) The licensee must take reasonable steps to ensure each report published in accordance with subsections (1) and (2) remains available on the licensee’s website for at least 5 years after it is first published.

11D Reporting to the ACMA and the Secretary on certain CSG services in relevant ESAs for the initial reporting period

Licensee to give reports to the ACMA and the Secretary (or an authorised officer) (1) The licensee must, within 3 months of the end of the initial reporting period, give a report to the ACMA, and an authorised officer; or if there is no authorised officer—the Secretary, containing the required information in relation to each month within this period. Information required to be included in reports (2) The required information in relation to a month for a report under this section is the information in subsections (3) to (7). (3) In relation to the month beginning on 1 January 2019, the first table must contain, for each relevant ESA: (a) the name of the relevant ESA; and (b) geographic coordinates identifying the boundaries of the relevant ESA as at the end of the month, in compliance with a standard or format (if any) notified to the licensee in writing by an authorised officer; or if there is no authorised officer—the Secretary. (4) In relation to a month beginning on or after 1 February 2019, the first table must contain, for each relevant ESA: (a) the name of the relevant ESA; and (b) either: (i) if the boundaries of the relevant ESA were established or changed during the month—geographic coordinates identifying the new or revised boundaries of the relevant ESA as at the end of the month; or (ii) otherwise—a statement to the effect that the boundaries of the relevant ESA remained unchanged during the month. (5) The second table must contain, for each relevant ESA, the total number of reportable services supplied during the month. (6) The third table must contain, for each relevant ESA, the percentage of reportable services supplied during the month without any fault or service difficulty. (7) The fourth table must contain, for each relevant ESA, the average availability of reportable services during the month, as a percentage of total possible available time in the applicable month.

11E Reporting to the ACMA and the Secretary on certain CSG services in relevant ESAs for the subsequent reporting period

Licensee to give reports to the ACMA and the Secretary (or an authorised officer) (1) The licensee must, within 28 days of the end of each quarter that begins immediately after the end of the initial reporting period, give a report to the ACMA, and an authorised officer; or if there is no authorised officer—the Secretary, containing the required information in relation to each calendar month within the quarter. Information required to be included in reports (2) The required information in relation to a month for a report under this section is the information in subsections (3) to (12). (3) In relation to a month beginning on or after 1 January 2022, the first table must contain, for each relevant ESA: (a) the name of the relevant ESA; and (b) either: (i) if the boundaries of the relevant ESA were established or changed during the month—geographic coordinates identifying the new or revised boundaries of the relevant ESA as at the end of the month; or (ii) otherwise—a statement to the effect that the boundaries of the relevant ESA remained unchanged during the month. (4) The second table must contain, for each reportable service supplied during the month: (a) the unique service identifier of the service; and (b) the name of the relevant ESA for the service; and (c) the local access technology used to supply the service; and (d) the CSG geographic category for the area in which the service is supplied. (5) The third table must contain, for each relevant ESA: (a) the name of the relevant ESA; and (b) for each CSG geographic category: (i) the number of reportable services supplied to an area within the relevant ESA for the category during the month; and (ii) the number of addresses of premises to which those services were supplied during the month. (6) The fourth table must contain, for each relevant ESA: (a) the name of the relevant ESA; and (b) for each kind of local access technology: (i) the number of reportable services supplied using the technology during the month; and (ii) the number of addresses of premises to which these reportable services were supplied during the month. (7) The fifth table must contain, for each request for the connection of a reportable service where the connection of the service was: (a) completed during the month; or (b) incomplete at the end of the month; or (c) cancelled during the month; the following information: (d) the unique service identifier of the service; (e) a statement of whether there was an in‑place connection at the premises or a new connection was required for a service to be provided; (f) the CSG geographical category which applies to premises as relevant to the connection requirements under Division 2 of Part 2 of the CSG Standard; (g) the date on which the connection of the service was first requested; (h) the date by which connection of the service: (i) is or was required under Division 2 of Part 2 of the CSG Standard; or (ii) would have been required, disregarding any relevant exemption that applies to the timeframe for connection of the service; (i) either: (i) if paragraph (a) applies—the date on which connection of the service was completed, the number of working days (if any) taken to complete the connection, and the number of working days (if any) the connection exceeded the date by which connection of the service was required under Division 2 of Part 2 of the CSG Standard; or (ii) if paragraph (b) or (c) applies—a statement to that effect; (j) a statement as to whether the licensee complied with the connection requirements under Division 2 of Part 2 of the CSG Standard, and in the case of non‑compliance, the reason(s) for this; (k) what relevant exemption (if any) applies to the timeframe for connection of the service; (l) if a relevant exemption applies because of an exemption event—the unique exemption event identifier for the event; (m) if paragraph (c) applies—the reason(s) for the cancellation. (8) The sixth table must contain, for each fault or service difficulty relating to a reportable service where the fault or service difficulty was: (a) rectified during the month; or (b) not rectified at the end of the month; or (c) closed by the licensee during the month (otherwise than because the fault or service difficulty was rectified); the following information: (d) the unique service identifier of the service; (e) the CSG geographical category which applies to the premises as relevant to the connection requirements under Division 3 of Part 2 of the CSG Standard; (f) the date on which the fault or service difficulty was first reported; (g) the nature and cause of the fault; (h) the date by which rectification of the fault or service difficulty: (i) is or was required under Division 3 of Part 2 of the CSG Standard; or (ii) would have been required, disregarding any relevant exemption that applies to the timeframe for rectification of the fault or service difficulty; (i) either; (i) if paragraph (a) applies—the date on which the fault or service difficulty was rectified, the number of working days (if any) taken to rectify the fault or service difficulty, and the number of working days (if any) the rectification exceeded the date by which rectification of the fault or service difficulty was required under Division 3 of Part 2 of the CSG Standard; or (ii) if paragraph (b) or (c) applies—a statement to that effect; (j) a statement as to whether the licensee complied with the rectification requirements under Division 3 of Part 2 of the CSG Standard, and in the case of non‑compliance, the reason(s) for this; (k) what relevant exemption (if any) applies to the timeframe for rectification of the fault or service difficulty; (l) if a relevant exemption applies because of an exemption event—the unique exemption event identifier for the event; (m) if paragraph (c) applies—the reason(s) why the fault or service difficulty was closed. (9) The seventh table must contain, for each appointment in relation to a reportable service where the appointment: (a) was scheduled to take place during the month; and (b) was not cancelled, or rescheduled to take place after the end of the month, in accordance with Division 4 of Part 2 of the CSG Standard; the following information: (c) the unique service identifier of the service to which the appointment relates; (d) the CSG geographical category which applies to the premises as relevant to the appointment requirements under Division 4 of Part 2 of the CSG Standard; (e) the appointment date; (f) a statement as to whether the appointment was for: (i) connection of the service; or (ii) rectification of a fault or service difficulty in relation to the service; (g) either: (i) the time of the appointment; or (ii) the start and end of the period of time in which the appointment is scheduled to occur; (h) a statement as to whether the appointment was rescheduled and, if so, how many times, and the reason(s) for this; (i) a statement as to whether the licensee kept or missed the appointment; (j) a statement as to whether the licensee complied with the appointment requirements under Division 4 of Part 2 of the CSG Standard, and in the case of non‑compliance, the reason(s) for this; (k) either: (i) the time the licensee attended the appointment; or (ii) if the licensee did not attend the appointment—a statement to that effect.

Note: See the definitions of kept and missed in subsection 11A(1).

(10) The eighth table must contain, for each exemption event which affected some or all reportable services during the month: (a) a statement as to whether the event is a mass outage event; and (b) the unique exemption event identifier for the event; and (c) a brief description of the nature of the event; and (d) the date on which the event first affected a reportable service; and (e) if the event has ended—the date on which the event ended; and (f) geographic coordinates identifying the boundaries of the geographic area of the event, in compliance with a standard or format (if any) notified to the licensee in writing by an authorised officer; or if there is no authorised officer—the Secretary; and (g) the number of reportable services affected by the event; and (h) the number of faults and service difficulties affecting services mentioned in paragraph (g) during the month; and (i) the number of faults and service difficulties mentioned in paragraph (h) that were rectified during the month; and (j) the percentage of faults and service difficulties mentioned in paragraph (i) that were rectified within the timeframe that would have been required by the CSG Standard, disregarding the relevant exemption that applied to the timeframe for rectification of the fault or service difficulty; and (k) the number of requests for the connection of a reportable service within the area affected by the event at any time during the month; and (l) the number of requests mentioned in paragraph (k) for which the service was connected during the month; and (m) the number of requests mentioned in paragraph (k) for which the service was not connected during the month; and (n) the percentage of services mentioned in paragraph (l) that were connected within the timeframe that would have been required by the CSG Standard, disregarding the relevant exemption that applied to the timeframe for connection of the service. (11) The ninth table must contain, in relation to each of the following kinds of contacts received from customers or proposed customers in relation to reportable services: (a) calls made during the month to a contact centre; (b) chat sessions initiated during the month; (c) emails or other messages received during the month, including initial emails or other messages and a series of emails or other messages in a chain of correspondence; the following information: (d) the number of contacts received; (e) the number of contacts substantively engaged with by the licensee: (i) for a call to a call centre or an online chat session—within 3 minutes of the start of the contact; (ii) for an email or other message or a series of emails or other messages in a chain of correspondence—within 2 working days of the start of the first email or other message (as applicable) being received by or on behalf of the licensee; (f) the number of contacts where the licensee did not substantively engage with the contact: (i) for calls to a call centre or an online chat sessions—before the contact was disconnected or closed; (ii) for an email or other message or a series of emails or other messages in a chain of correspondence—within 2 working days of the start of the first email or other message being received by or on behalf of the licensee; (iii) for an email or other message or a series of emails or other messages in a chain of correspondence—where the licensee did not substantively engage in any way with the first email or other message; (g) in relation to contacts mentioned in paragraphs (a), (b) and (c), the average time between when the contacts are first received by the licensee and when those contacts are first substantively engaged with by the licensee; (h) in relation to contacts mentioned in subparagraph (f)(i), the average time between when the contacts are first received by the licensee and when those contacts are disconnected or closed; (i) in relation to contacts mentioned in paragraph (a), (b) and (c), the average duration of those contacts measured from the time they are substantively engaged with until the contact is concluded; (j) in relation to contacts mentioned in paragraph (a), (b) and (c), the percentage of those contacts for which the query or issue raised during the initial contact was resolved: (i) for calls to a call centre or an online chat sessions—during that call or chat session; (ii) for an email or message or a series of emails or messages in a chain of correspondence—by the first substantive reply by or on behalf of the licensee in relation to the query or issue; (k) in relation to contacts mentioned in paragraphs (a), (b) and (c), the number of contacts with which the licensee had not substantively engaged at any time during the month, that are to be carried over into the following month. (12) The tenth table must contain, for each complaint made by a customer or proposed customer of a reportable service in relation to the service where the complaint was: (a) resolved during the month; or (b) unresolved at the end of the month; or (c) closed during the month (otherwise than because the complaint was resolved); the following information: (d) the unique service identifier of the service; (e) the date the complaint was made; (f) either: (i) if paragraph (a) applies—the date on which the complaint was resolved; or (ii) if paragraph (b) or (c) applies—a statement to that effect; (g) the complaint category for the complaint; (h) if paragraph (c) applies—the reason(s) why the complaint was closed.

11F Form and manner of reports to be provided under sections 11D and 11E

(1) A report under sections 11D and 11E must be provided by the licensee: (a) in .xlsx format, or another electronic format approved, in writing, by an authorised officer; or if there is no authorised officer—the Secretary; and (b) in a single electronic file to the extent reasonably practicable to do so; and (c) using a separate table (whether in a separate worksheet, file or equivalent) for each set of required information in relation to: (i) a month covered by the report; and (ii) if the report is provided under section 11D—one of subsections (3) to (7) of that section; or (iii) if the report is provided under section 11E—one of subsections (3) to (12) of that section; and (d) with the required information being in a form that is commonly understood and is readily machine readable; and (e) using clearly labelled headings; and (f) including a glossary of any abbreviations and acronyms used (if applicable); and (g) using electronic communication; and (h) if a particular form of electronic communication, and a particular address to which that communication must be addressed, is notified in writing to the licensee by any of the ACMA, an authorised officer; or if there is no authorised officer—the Secretary (a report recipient)—by being sent to the report recipient using that form of communication sent to that address.

1 Name

This instrument is the Telecommunications (Carrier Licence Conditions ‑ Telstra Infraco Limited) Declaration 2019.

3 Authority

This instrument is made under subsection 63(2) of the Telecommunications Act 1997.

Note: Section 63A of the Act provides that until the first occasion after the commencement of that section on which a declaration under subsection 63(2) of the Act takes effect in relation to a carrier licence held by Telstra Limited:

(a) the carrier licence is subject to the conditions set out in section 11 of this declaration; and
(b) for that purpose, a reference in that section to the licensee is to be read as a reference to Telstra Limited.

4 Definitions

In this instrument:

Act means the Telecommunications Act 1997.

ACCC means the Australian Competition and Consumer Commission.

ACMA means the Australian Communications and Media Authority.

CSG service has the same meaning as in the CSG Standard when provided to a customer of the licensee but does not include a service the supply of which by the licensee is exempt from compliance with performance standards under section 18 of the CSG Standard.

CSG Standard means the Telecommunications (Customer Service Guarantee) Standard 2011.

customer includes the nominee of a customer.

fault or service difficulty, when used in relation to a CSG service, has the same meaning as in the CSG Standard.

licensee means Telstra Infraco Limited (ACN 051 775 556), as the company exists from time to time (even if its name is later changed).

Minister means the Minister responsible for administering the Telecommunications Act 1997.

quarter means a period of 3 months ending on 31 March, 30 June, 30 September or 31 December.

Secretary means the Secretary of the Department.

STS means the standard telephone service supplied by the licensee in fulfilment of its universal service obligation under Part 2 of the T(CPSS) Act.

working day, in a location, means a day that is not a Saturday, Sunday or public holiday in the location.

11 Disclosure of Specified Premises Location Information to NBN Co

(1) In this section 11:

access technology has the same meaning as in the Telecommunications (Migration Plan Principles) Determination 2015.

active service means, as at any Report Date, a wholesale carriage service:

(a) supplied by the licensee at an Eligible Premises;
(b) which uses a Copper Path; and
(c) which, according to the licensee’s systems, has not been disconnected from any of the licensee’s networks.

Amending Declaration means the Carrier Licence Conditions (Telstra Corporation Limited) Declaration 1997 (Amendment No. 1 of 2018).

Australian Consumer Law has the meaning given to the term in the Competition and Consumer Act 2010.

Australian Address Reference File means the dataset or addresses, information related to those addresses, and other address’ related information, compiled and maintained by Australia Post.

Changed Technology Extension Date, for a special service or special service input, means the date by which the service or input is required to be disconnected, where the date was determined:

(a) as a result of either of the following:
(i) NBN Co having notified the licensee after the date that is 6 months before the disconnection date for the rollout region in which the premises is located of a change in access technology that NBN Co uses, or proposes to use, to make that premises NBN Serviceable;
(ii) NBN Co having first notified the licensee after the date that is 6 months before the disconnection date for the rollout region in which the premises is located of the access technology that NBN Co uses, or proposes to use, to make that premises NBN Serviceable; and
(b) in accordance with provisions of the migration plan of the kind referred to in subsection 18(6) of the Telecommunications (Migration Plan Principles) Determination 2015.

Copper Path means a logical path built over a copper line or series of copper lines used to provide a carriage service at a premises.

Copper Service has the same meaning as in the Telecommunications (Migration Plan Principles) Determination 2015.

Definitive Agreements has the same meaning as in the Telecommunications (Migration Plan Principles) Determination 2015.

disconnection date has the same meaning as in the Telecommunications (Migration Plan Principles) Determination 2015.

Eligible Premises means, in respect of a Report Date for a kind of active service mentioned in paragraphs 11(2)(a) to (g), a premises that, as at that Report Date:

(a) is in the fixed footprint list for a rollout region; and
(b) to the extent the Report Date is for a kind of active service that is an Eligible Special Service—is a premises in relation to which NBN Co has notified the licensee of the access technology that NBN Co has used, or proposes to use, to make the premises NBN Serviceable; and
(c) that the licensee expects will be required to be disconnected in relation to an active service of that kind.

Eligible Special Service means a special service or special service input that:

(a) is in an SS Class for which a Special Service Disconnection Date has been determined in accordance with a white paper covering that SS Class; and
(b) the licensee expects will be required to be disconnected:
(i) by no later than the date that is 25 working days after the Special Services Disconnection Date for the SS Class; or
(ii) in accordance with provisions of the migration plan of the kind referred to in subsection 18(6) of the Telecommunications (Migration Plan Principles) Determination 2015 that relate to Changed Technology Extension Dates; or
(iii) if the service or input is supplied to a premises that is not an in train order premises—following the disconnection date for the rollout region of the premises to which the service or input is supplied, in accordance with provisions of the migration plan of the kind referred to in paragraphs 12(6)(b) or (d) of the Telecommunications (Migration Plan Principles) Determination 2015.

fixed footprint list has the same meaning as in the Telecommunications (Migration Plan Principles) Determination 2015.

historical footprint list means an address list provided by NBN Co to retail service providers that details the then current rollout regions, including the address information and the service class for each premises included in that list.

in train order premises has the same meaning as in the Telecommunications (Migration Plan Principles) Determination 2015.

in train order list means the list of in train order premises prepared by NBN Co and notified to the licensee in accordance with the Definitive Agreements.

Information Campaign and Migration Deed means the deed of the same name entered into between the licensee and the Commonwealth, as amended from time to time.

licensee representatives means any directors, employees, officers, representatives, delegates, professional or financial advisers, agents, contractors or sub‑contractors of the licensee (in their capacity as such).

MDU common area has the same meaning as in the Telecommunications (Migration Plan Principles) Determination 2015.

migration has the same meaning as in the Telecommunications (Migration Plan Principles) Determination 2015.

migration plan means the final migration plan in force at the commencement of the Amending Declaration, including as varied from time to time in accordance with section 577BF of the Act.

NBN based service has the same meaning as in the Telecommunications (Migration Plan Principles) Determination 2015.

NBN Co means NBN Co Limited (ACN 136 533 741), as the company exists from time to time (even if its name is later changed).

NBN Co Communications Policies means business rules, codes of practice and policies of NBN Co relating to marketing and communications with end‑users (if any) as these exist from time to time.

NBN Connected means:

(a) an FTTB‑Connected Premises; or
(b) an FTTN‑Connected Premises; or
(c) an FTTP‑Connected Premises; or
(d) an HFC‑Connected Premises,

in each case, as those terms are defined in the Telecommunications (Migration Plan Principles) Determination 2015.

NBN Co fixed‑line network has the same meaning as in the Telecommunications (Migration Plan Principles) Determination 2015.

NBN Service has the same meaning as in the Telecommunications (Migration Plan Principles) Determination 2015.

NBN Serviceable has the same meaning as in the Telecommunications (Migration Plan Principles) Determination 2015.

national broadband network has the same meaning as in the National Broadband Network Companies Act 2011.

Permitted Purpose means a purpose permitted under subsections 11(7) and 11(8).

premises has the same meaning as in the Telecommunications (Migration Plan Principles) Determination 2015.

Privacy Laws means the Privacy Act 1988 (Cth), Part 13 of the Act and any guidelines relating to Personal Information issued by the Office of the Australian Information Commissioner or Privacy Commissioner (or such officer or commissioner, as applicable, as replaces it to assume oversight with respect to the Privacy Laws from time to time).

Recipient Entities means employees and officers of NBN Co, any contractor of NBN Co engaged for the purposes referred to in subsection 11(6) (or any sub‑contractors of such a person) and, for disclosures of a campaign list derived using or comprising Specified Premises Location Information only, any marketing contractor (and any sub‑contractors of such a person) engaged by NBN Co for the Restricted Permitted Purpose.

Related Entities means each related body corporate of the licensee and any entity which is controlled by the licensee, from time to time.

Report Date:

(a) for standard active services and Eligible Special Services covered by subparagraph (b)(iii) of the definition of that expression—means each of the following dates that occurs in relation to a rollout region at any time during the period from and including the date on which the Amending Declaration commenced to the Rollout Completion Date:
(i) each date that is 12, 9, 6, 5, 4, 3, 2 or 1 calendar months before the disconnection date for the rollout region;
(ii) the disconnection date for the rollout region;
(iii) the date that is 25 working days after the disconnection date for the rollout region; and
(b) for active services supplied to an in train order premises—means each date that is 60 or 120 working days after the disconnection date for a rollout region; and
(c) for active services supplied to an MDU common area—means each of the following dates that occurs in relation to a rollout region:
(i) each 31 May and 30 November that occurs after the disconnection date for the rollout region, but before the first date that occurs for the rollout region under subparagraph (iii);
(ii) the date that is the later to occur of the date that is 24 months after the Rollout Completion Date and the date that is 20 working days after the disconnection date for the rollout region;
(iii) each date that is 6, 5, 4, 3, 2 or 1 calendar months before the later date mentioned under subparagraph (ii) for the rollout region; and
(d) for active services that are Eligible Special Services covered by subparagraph (b)(i) of the definition of that expression—means each date that is 24, 18, 12, 6, 5, 4, 3, 2 or 1 calendar months before the Special Service Disconnection Date for the SS Class of any of those active services; and
(e) for active services that are Eligible Special Services covered by subparagraph (b)(ii) of the definition of that expression—means each date that is 6, 5, 4, 3, 2 or 1 calendar months before the Changed Technology Extension Date for any of those active services; and
(f) in any case—also includes any other date which the licensee (at its discretion) notifies NBN Co in writing will be a Report Date for a specified kind of active service.

Restricted Permitted Purpose means the purposes set out in paragraph 11(7)(d).

retail service provider has the same meaning as in the Telecommunications (Migration Plan Principles) Determination 2015.

Rollout Completion Date means the date on which the Minister for Communications declares in accordance with the National Broadband Network Companies Act 2011 that, in his or her opinion, the national broadband network should be treated as built and fully operational.

rollout region has the same meaning as in the Telecommunications (Migration Plan Principles) Determination 2015.

SAM means service area module.

special service has the same meaning as in the Telecommunications (Migration Plan Principles) Determination 2015.

Special Service Disconnection Date, in relation to an SS Class, means the disconnection date for that SS Class determined in accordance with provisions of the migration plan of the kind referred to in subsection 18(6) of the Telecommunications (Migration Plan Principles) Determination 2015.

special service input has the same meaning as in the Telecommunications (Migration Plan Principles) Determination 2015.

Specified Premises Location Information, in respect of a Report Date for a kind of active service mentioned in paragraphs 11(2)(a) to (g), for the active services of that kind that:

(a) if covered by paragraph 11(2)(d)—are in an SS Class with a relevant Special Service Disconnection Date for that Report Date; or
(b) if covered by paragraph 11(2)(e)—have a relevant Changed Technology Extension Date for that Report Date; or
(c) if not covered by those paragraphs—are supplied to an Eligible Premises in a relevant rollout region for that Report Date; or
(d) in any case—are services which the licensee (at its discretion) has otherwise notified NBN Co in writing will be covered by that Report Date;

SS Class means any class comprised of:

(a) all special services that are included in an SS Class (within the meaning of the migration plan) that relates to one of the services described in the column headed “Access Service” in Table 2 of Schedule 1 to the Telecommunications (Migration Plan Principles) Determination 2015; and
(b) all special service inputs that are used to supply any service that is equivalent to a special service mentioned in paragraph (a).

standard active service means an active service that is not:

(a) supplied to an in train order premises; or
(b) supplied to an MDU common area; or
(c) a special service or special service input; or
(d) an active service of a kind covered by paragraph 11(2)(g).

white paper, in relation to an SS Class, means a white paper that:

(a) was published by NBN Co in accordance with the migration plan; and
(b) has not been successfully disputed in accordance with the migration plan; and
(c) has determined the Sp

Plain English Summary

Deep Dive

What it does

Main concepts

Who it affects

Key duties and rights

Penalties and enforcement

How it interacts with other laws

Amendment history

Litigation history

Gotchas

How to comply

Current sections

Name

1 Name

Authority

3 Authority

Definitions

4 Definitions

Disclosure of Specified Premises Location Information to NBN Co

11 Disclosure of Specified Premises Location Information to NBN Co

Preliminary provisions for the purposes of sections 11B to 11F

11A Preliminary provisions for the purposes of sections 11B to 11F

Public information on names of relevant ESAs

11B Public information on names of relevant ESAs

Public reporting on certain CSG services in relevant ESAs

11C Public reporting on certain CSG services in relevant ESAs

Reporting to the ACMA and the Secretary on certain CSG services in relevant ESAs for the initial reporting period

11D Reporting to the ACMA and the Secretary on certain CSG services in relevant ESAs for the initial reporting period

Reporting to the ACMA and the Secretary on certain CSG services in relevant ESAs for the subsequent reporting period

11E Reporting to the ACMA and the Secretary on certain CSG services in relevant ESAs for the subsequent reporting period

Form and manner of reports to be provided under sections 11D and 11E

11F Form and manner of reports to be provided under sections 11D and 11E

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1 Name

1 Name

3 Authority

3 Authority

4 Definitions

4 Definitions

11 Disclosure of Specified Premises Location Information to NBN Co

11 Disclosure of Specified Premises Location Information to NBN Co