Commonwealth: Telecommunications Legislation Amendment (Enhancing Consumer Safeguards and Other Measures) Act 2024 (Cth)

Telecommunications Legislation Amendment (Enhancing Consumer Safeguards and Other Measures) Act 2024 No. 36, 2024 An Act to amend the law relating to telecommunications, and for other purposes Contents 1 Short title 2 Commencement 3 Schedules Schedule 1—Statutory infrastructure providers Part 1—Amendments Competition and Consumer Act 2010 Telecommunications Act 1997 Telecommunications (Consumer Protection and Service Standards) Act 1999 Part 2—Application and transitional provisions Schedule 2—Deployment of optical fibre Telecommunications Act 1997 Schedule 3—Disclosure of information Australian Communications and Media Authority Act 2005 Schedule 4—Primary universal service providers Telecommunications (Consumer Protection and Service Standards) Act 1999 Schedule 5—Technical amendments Telecommunications Act 1997 Telecommunications (Consumer Protection and Service Standards) Act 1999 Telecommunications Legislation Amendment (Enhancing Consumer Safeguards and Other Measures) Act 2024 No. 36, 2024 An Act to amend the law relating to telecommunications, and for other purposes [Assented to 31 May 2024] The Parliament of Australia enacts: 1 Short title This Act is the Telecommunications Legislation Amendment (Enhancing Consumer Safeguards and Other Measures) Act 2024. 2 Commencement (1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms. Commencement information Column 1 Column 2 Column 3 Provisions Commencement Date/Details 1. The whole of this Act The day after this Act receives the Royal Assent. 1 June 2024 Note: This table relates only to the provisions of this Act as originally enacted. It will not be amended to deal with any later amendments of this Act. (2) Any information in column 3 of the table is not part of this Act. Information may be inserted in this column, or information in it may be edited, in any published version of this Act. 3 Schedules Legislation that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms. Schedule 1—Statutory infrastructure providers Part 1—Amendments Competition and Consumer Act 2010 1 Paragraph 152BCCB(a) After "a standard determined", insert ", or a benchmark set,". 2 Paragraph 152BDCB(a) After "a standard determined", insert ", or a benchmark set,". 3 Subsection 152BEBH(1) After "a standard determined", insert ", or a benchmark set,". 4 Paragraph 152CBID(a) After "a standard determined", insert ", or a benchmark set,". Telecommunications Act 1997 5 Section 360 Omit "publish", substitute "make available on its website". 6 Section 360A Insert: anticipated service area has the meaning given by section 360KA. associate has the meaning given by section 360AB. backhaul infrastructure has the meaning generally accepted within the telecommunications industry. building unit has the same meaning as in Part 20A. compensation rules means rules made under section 360VH. compliance audit has the meaning given by section 360XAH. contractual arrangement includes a deed, contract, undertaking or any other form of legally binding arrangement. control has a meaning affected by section 360AC. designated compensable rule has the meaning given by subsection 360V(1B). designated compensable standard has the meaning given by subsection 360U(3B). 7 Section 360A (definition of designated day) Repeal the definition. 8 Section 360A (definition of interim NBN service area) Repeal the definition. 9 Section 360A Insert: mobile network means a telecommunications network that is used principally to supply public mobile telecommunications services. 10 Section 360A (definition of nominated service area) After "360H", insert ", 360HB". 11 Section 360A (definition of provisional interim NBN service area) Repeal the definition. 12 Section 360A (definition of provisional nominated service area) After "360H", insert "or 360HB". 13 Section 360A Insert: radiocommunications fixed voice call means a voice call provided using a carriage service: (a) supplied by means of a telecommunications network other than a fixed‑line telecommunications network; and (b) marketed to customers, or potential customers, as a carriage service that enables end‑users to make and receive voice calls at premises occupied or used by the end‑users. 14 Section 360A (definition of request) Omit "corporation (in its capacity as a carriage service provider) to itself (in its capacity as a carrier)", substitute "person to the person". 15 Section 360A (paragraph (a) of the definition of statutory infrastructure provider) Repeal the paragraph. 16 Section 360A (after paragraph (c) of the definition of statutory infrastructure provider) Insert: (ca) for an anticipated service area—has the meaning given by section 360KB; or 17 At the end of subsection 360AA(2) Add: Note: For variation and revocation, see subsection 33(3) of the Acts Interpretation Act 1901. 18 At the end of Division 1 of Part 19 Add: 360AB Associate (1) For the purposes of this Part, an associate of a person (the first person) in relation to control of: (a) a facility; or (b) a company; is: (c) a partner of the first person; or (d) if the first person or another person who is an associate of the first person under another paragraph receives benefits or is capable of benefiting under a trust—the trustee of the trust; or (e) a person (whether a company or not) who: (i) acts, or is accustomed to act; or (ii) under a contract or an arrangement or understanding (whether formal or informal) is intended or expected to act; in accordance with the directions, instructions or wishes of, or in concert with: (iii) the first person; or (iv) the first person and another person who is an associate of the first person under another paragraph; or (f) another company if: (i) the other company is a related body corporate of the first person for the purposes of the Corporations Act 2001; or (ii) the first person, or the first person and another person who is an associate of the first person under another paragraph, is or are in a position to exercise control of the other company. (2) However, persons are not associates of each other if the ACMA is satisfied that: (a) they do not act together in any relevant dealings relating to the facility or company; and (b) neither of them is in a position to exert influence over the business dealings of the other in relation to the facility or company. 360AC Control In this Part, control includes control as a result of, or by means of, trusts, agreements, arrangements, understandings and practices, whether or not having legal or equitable force and whether or not based on legal or equitable rights. 360AD Control of a company (1) For the purposes of this Part, the question of whether a person is in a position to exercise control of a company is to be determined under Schedule 1 to the Broadcasting Services Act 1992. (2) However, in determining that question: (a) the definition of associate in subsection 6(1) of the Broadcasting Services Act 1992 does not apply; and (b) the definition of associate in section 360AB of this Act applies instead. 360AE When a person is in a position to exercise control of a facility (1) For the purposes of this Part, a person (the first person) is in a position to exercise control of a facility if: (a) the first person legally or beneficially owns the facility (whether alone or together with one or more other persons); or (b) the first person is in a position, either alone or together with an associate of the first person and whether directly or indirectly: (i) to exercise control of the operation of all or part of the facility; or (ii) to exercise control of the selection of the kinds of services that are supplied using the facility; or (iii) to exercise control of the supply of services using the facility; or (c) a company other than the first person legally or beneficially owns the facility (whether alone or together with one or more other persons), and: (i) the first person is in a position, either alone or together with an associate of the first person, to exercise control of the company; or (ii) the first person, either alone or together with an associate of the first person, is in a position to veto any action taken by the board of directors of the company; or (iii) the first person, either alone or together with an associate of the first person, is in a position to appoint or secure the appointment of, or veto the appointment of, at least half of the board of directors of the company; or (iv) the first person, either alone or together with an associate of the first person, is in a position to exercise, in any other manner, whether directly or indirectly, direction or restraint over any substantial issue affecting the management or affairs of the company; or (v) the company or more than 50% of its directors act, or are accustomed to act, in accordance with the directions, instructions or wishes of, or in concert with, the first person, the first person and an associate of the first person acting together, or the directors of the first person; or (vi) the company or more than 50% of its directors, under a contract or an arrangement or understanding (whether formal or informal), are intended or expected to act in accordance with the directions, instructions or wishes of, or in concert with, the first person, the first person and an associate of the first person acting together, or the directors of the first person. (2) An employee is not, except through an association with another person, to be regarded as being in a position to exercise control of a facility under subsection (1) purely because of being an employee. (3) More than one person may be in a position to exercise control of a facility. 19 Section 360B Repeal the section, substitute: 360B Simplified outline of this Division • There are 4 types of service area, as follows: (a) the general service area; (b) a nominated service area; (c) an anticipated service area; (d) a designated service area. • NBN Co is the statutory infrastructure provider for the general service area. • A nominated service area is an area that is attributable to: (a) a declaration made by a carrier or carriage service provider; or (b) certain carrier licence conditions declarations made by the Minister. • The statutory infrastructure provider for a nominated service area that is attributable to a declaration made by a carrier or carriage service provider will be: (a) the carrier or carriage service provider; or (b) another carrier or carriage service provider declared by the Minister. • The statutory infrastructure provider for a nominated service area that is attributable to a carrier licence conditions declaration will be: (a) the carrier to whom the carrier licence conditions declaration applies; or (b) another carrier declared by the Minister. • An anticipated service area is an area that is attributable to a notice given by a carrier or carriage service provider. • The statutory infrastructure provider for an anticipated service area that is attributable to a notice given by a carrier or carriage service provider will be: (a) the carrier or carriage service provider; or (b) another carrier or carriage service provider declared by the Minister. • A designated service area is an area declared by the Minister. • The statutory infrastructure provider for a designated service area will be a carrier or carriage service provider declared by the Minister. • Nominated service areas, anticipated service areas and designated service areas are excluded from the general service area. • Designated service areas are excluded from nominated service areas. 20 Section 360C Repeal the section, substitute: 360C Service area For the purposes of this Part, service area means: (a) the general service area; or (b) a nominated service area; or (c) an anticipated service area; or (d) a designated service area. 21 Subdivision A of Division 2 of Part 19 Repeal the Subdivision. 22 Subdivision B of Division 2 of Part 19 (heading) Repeal the heading, substitute: Subdivision B—Service areas and statutory infrastructure providers 23 Section 360F Omit "For the purposes of the application of this Part after the start of the designated day, the", substitute "(1) For the purposes of this Part, the". 24 After paragraph 360F(a) Insert: (aa) a pending area (see subsection (2)); or (ab) an anticipated service area; or 25 At the end of section 360F Add: (2) For the purposes of this section, if: (a) an area (the notice area) is specified in a notice under section 360HA or 360HC; and (b) the notice area neither consists of, nor is included in: (i) a nominated service area; or (ii) a designated service area; then: (c) if NBN Co provides qualifying carriage services to end‑users at one or more premises in the area—so much of the notice area as does not include those premises is a pending area; or (d) in any other case—the notice area is a pending area. Note: For anticipated service areas, see section 360KA. 26 Section 360G Omit "For the purposes of the application of this Part after the start of the designated day,", substitute "For the purposes of this Part,". 27 Subdivision C of Division 2 of Part 19 (heading) Repeal the heading. 28 Paragraph 360H(1)(a) After "this section", insert "or section 360HB". 29 Paragraph 360H(2)(a) After "whole", insert "or a part". 30 After paragraph 360H(2)(a) Insert: (aa) the carrier is not already the statutory infrastructure provider for a service area that consists of, or includes, the project area; and 31 Paragraph 360H(2)(b) After "contract", insert "with the person responsible for the real estate development project". 32 After paragraph 360H(2)(b) Insert: (ba) the infrastructure is not backhaul infrastructure; and 33 Paragraph 360H(2)(d) After "whole", insert "or the part, as the case requires,". 34 At the end of subsection 360H(3) Add: Note: For variation and revocation, see subsection 33(3) of the Acts Interpretation Act 1901. 35 At the end of subsection 360H(3A) Add: Note 1: For variation and revocation, see subsection 33(3) of the Acts Interpretation Act 1901. Note 2: See also section 360M. 36 Paragraph 360H(4)(a) After "whole", insert "or a part". 37 After paragraph 360H(4)(a) Insert: (aa) the carrier is not already the statutory infrastructure provider for a service area that consists of, or includes, the project area; and 38 Paragraph 360H(4)(b) After "contract", insert "with the person responsible for the building redevelopment project". 39 After paragraph 360H(4)(b) Insert: (ba) the infrastructure is not backhaul infrastructure; and 40 Paragraph 360H(4)(d) After "whole", insert "or the part, as the case requires,". 41 At the end of subsection 360H(5) Add: Note: For variation and revocation, see subsection 33(3) of the Acts Interpretation Act 1901. 42 At the end of subsection 360H(5A) Add: Note 1: For variation and revocation, see subsection 33(3) of the Acts Interpretation Act 1901. Note 2: See also section 360N. 43 Paragraph 360H(6)(a) After "area", insert "(the relevant area)". 44 After paragraph 360H(6)(a) Insert: (aa) the carrier is not already the statutory infrastructure provider for a service area that consists of, or includes, the relevant area; and 45 Paragraphs 360H(6)(b) and (d) Omit "the area", substitute "the relevant area". 46 After paragraph 360H(6)(d) Insert: (da) the infrastructure is not backhaul infrastructure; and 47 Subsection 360H(6) Omit "that the area", substitute "that the relevant area". 48 At the end of subsection 360H(7) Add: Note: For variation and revocation, see subsection 33(3) of the Acts Interpretation Act 1901. 49 Subsections 360H(8) and (9) Repeal the subsections, substitute: Declaration to be made available (8) If a declaration made by a carrier is in force under this section, the carrier must make a copy of the declaration available on its website. (9) If a carrier makes a declaration under this section, the carrier must: (a) give a copy of the declaration to the ACMA; and (b) do so within 10 business days after making the declaration. 50 At the end of subsection 360H(11) Add: Note: For variation and revocation, see subsection 33(3) of the Acts Interpretation Act 1901. 51 Subsection 360H(12) After "revoked", insert "except under subsection (12A)". 52 After subsection 360H(12) Insert: (12A) The ACMA may, by writing, revoke a declaration made under this section. 53 Subsections 360H(14), (15), (16) and (17) Repeal the subsections, substitute: (14) A carrier may, by writing, vary a declaration made by the carrier under this section, so long as the ACMA has approved the variation under subsection (15). (15) The ACMA may, on application made by a carrier, approve the variation of a declaration made by the carrier under this section. (16) An application under subsection (15) must: (a) be in writing; and (b) be in accordance with the form approved in writing by the ACMA; and (c) be accompanied by such information (if any) as is specified under subsection (17); and (d) be accompanied by such documents (if any) as are specified under subsection (17). (17) The ACMA may, by legislative instrument: (a) specify the information that must accompany an application under subsection (15); or (b) specify the documents that must accompany an application under subsection (15). Note: For variation and revocation, see subsection 33(3) of the Acts Interpretation Act 1901. (17A) If, under subsection (14), a carrier varies a declaration made by the carrier under this section, the carrier must: (a) give a copy of the variation to the ACMA; and (b) do so within 10 business days after making the variation. 54 Subsection 360H(18) (heading) After "Declaration", insert ", revocation". 55 After subsection 360H(18) Insert: (18A) A revocation under subsection (12A) is not a legislative instrument. 56 Paragraph 360HA(1)(a) After "whole", insert "or a part". 57 Paragraph 360HA(1)(b) After "whole", insert "or the part, as the case requires,". 58 After subparagraph 360HA(1)(c)(i) Insert: (ia) sets out the date on which the contract was entered into; and 59 Paragraph 360HA(1)(d) Omit "10 business days", substitute "20 business days". 60 Subparagraph 360HA(1)(c)(ii) After "specifies", insert "the whole or the part, as the case requires, of". 61 Paragraph 360HA(2)(a) After "whole", insert "or a part". 62 Paragraph 360HA(2)(c) After "whole", insert "or the part, as the case requires,". 63 Subparagraph 360HA(2)(d)(ii) After "specifies", insert "the whole or the part, as the case requires, of". 64 Paragraph 360HA(3)(a) After "whole", insert "or a part". 65 Paragraph 360HA(3)(b) After "whole", insert "or the part, as the case requires,". 66 After subparagraph 360HA(3)(c)(i) Insert: (ia) sets out the date on which the contract was entered into; and 67 Subparagraph 360HA(3)(c)(ii) After "specifies", insert "the whole or the part, as the case requires, of". 68 Paragraph 360HA(3)(d) Omit "10 business days", substitute "20 business days". 69 Paragraph 360HA(4)(a) After "whole", insert "or a part". 70 Paragraph 360HA(4)(c) After "whole", insert "or the part, as the case requires,". 71 After subparagraph 360HA(4)(d)(i) Insert: (ia) sets out the date on which the contract was entered into; and 72 Subparagraph 360HA(4)(d)(ii) After "specifies", insert "the whole or the part, as the case requires, of". 73 At the end of section 360HA Add: Variation of notice (5) A carrier may, by writing, vary a notice given by the carrier under this section, so long as the ACMA has approved the variation under subsection (6). (6) The ACMA may, on application made by a carrier, approve the variation of a notice given by the carrier under this section. (7) An application under subsection (6) must: (a) be in writing; and (b) be in accordance with the form approved in writing by the ACMA; and (c) be accompanied by such information (if any) as is specified under subsection (8); and (d) be accompanied by such documents (if any) as are specified under subsection (8). (8) The ACMA may, by legislative instrument: (a) specify the information that must accompany an application under subsection (6); or (b) specify the documents that must accompany an application under subsection (6). Note: For variation and revocation, see subsection 33(3) of the Acts Interpretation Act 1901. (9) If, under subsection (5), a carrier varies a notice given by the carrier under this section, the carrier must: (a) give a copy of the variation to the ACMA; and (b) do so within 10 business days after making the variation. 74 After section 360HA Insert: 360HB Nominated service area—declaration made by a carriage service provider (1) For the purposes of this Part, if a provisional nominated service area is attributable to a declaration under this section, so much of the provisional nominated service area as is not: (a) the whole or a part of a provisional nominated service area that is attributable to a subsequent declaration under this section or section 360H; or (b) the whole or a part of a designated service area; is a nominated service area. Provisional nominated service area—real estate development project (2) If: (a) on or after 1 July 2024, a facility is installed in, or in proximity to, the project area of a real estate development project; and (b) the facility is not part of the infrastructure of a telecommunications network; and (c) there is no nominated service area that: (i) consists of, or includes, the project area; and (ii) is attributable to a declaration under section 360H or this section; and (d) at a time (the relevant time), a carriage service provider (the first carriage service provider) commences to use the facility: (i) to supply carriage services to end‑users at premises in the whole or a part of the project area; or (ii) to supply an eligible service to another carriage service provider in order that the other carriage service provider can provide carriage services to end‑users at premises in the whole or a part of the project area; and (e) any of the following conditions is satisfied: (i) the first carriage service provider is in a position to exercise control of the facility; (ii) the first carriage service provider is an associate of a person who is in a position to exercise control of the facility; (iii) the first carriage service provider has entered into a contractual arrangement with the person responsible for the real estate development project, where the contractual arrangement relates to the facility; and (f) the conditions specified in an instrument under subsection (3) are satisfied; the first carriage service provider must: (g) by written instrument, declare that the whole or the part, as the case requires, of the project area is a provisional nominated service area for the purposes of this Part; and (h) do so within 20 business days after the relevant time. Note: For the format of the description of the area, see section 360LA. (3) The Minister may, by legislative instrument, specify conditions for the purposes of paragraph (2)(f). Note: For variation and revocation, see subsection 33(3) of the Acts Interpretation Act 1901. (4) The Minister may, by legislative instrument, exempt a specified real estate development project from subsection (2). Note: For variation and revocation, see subsection 33(3) of the Acts Interpretation Act 1901. (5) Paragraph (2)(d) does not apply in the circumstances specified in a determination under subsection 360Q(4). Provisional nominated service area—building redevelopment project (6) If: (a) on or after 1 July 2024, a facility is installed in, or in proximity to, the project area of a building redevelopment project; and (b) the facility is not part of the infrastructure of a telecommunications network; and (c) there is no nominated service area that: (i) consists of, or includes, the project area; and (ii) is attributable to a declaration under section 360H or this section; and (d) at a time (the relevant time), a carriage service provider (the first carriage service provider) commences to use the facility: (i) to supply carriage services to end‑users at premises in the whole or a part of the project area; or (ii) to supply an eligible service to another carriage service provider in order that the other carriage service provider can provide carriage services to end‑users at premises in the whole or a part of the project area; and (e) any of the following conditions is satisfied: (i) the first carriage service provider is in a position to exercise control of the facility; (ii) the first carriage service provider is an associate of a person who is in a position to exercise control of the facility; (iii) the first carriage service provider has entered into a contractual arrangement with the person responsible for the building redevelopment project, where the contractual arrangement relates to the facility; and (f) the conditions specified in an instrument under subsection (3) are satisfied; the first carriage service provider must: (g) by written instrument, declare that the whole or the part, as the case requires, of the project area is a provisional nominated service area for the purposes of this Part; and (h) do so within 20 business days after the relevant time. Note: For the format of the description of the area, see section 360LA. (7) The Minister may, by legislative instrument, specify conditions for the purposes of paragraph (6)(f). Note: For variation and revocation, see subsection 33(3) of the Acts Interpretation Act 1901. (8) The Minister may, by legislative instrument, exempt a specified building redevelopment project from subsection (6). Note: For variation and revocation, see subsection 33(3) of the Acts Interpretation Act 1901. (9) Paragraph (6)(d) does not apply in the circumstances specified in a determination under subsection 360Q(4). Declaration to be made available etc. (10) If a declaration made by a carriage service provider is in force under this section, the carriage service provider must make a copy of the declaration available on its website. (11) If a carriage service provider makes a declaration under this section, the carriage service provider must: (a) give a copy of the declaration to the ACMA; and (b) do so within 10 business days after making the declaration. Principles (12) In making a declaration under this section, a carriage service provider must comply with any principles determined under subsection (13). (13) The Minister may, by legislative instrument, determine principles for the purposes of subsection (12). Note: For variation and revocation, see subsection 33(3) of the Acts Interpretation Act 1901. Revocation (14) A declaration made under this section cannot be revoked except under subsection (15). (15) The ACMA may, by writing, revoke a declaration made under this section. Variation (16) A declaration made under this section cannot be varied except under subsection (17). (17) A carriage service provider may, by writing, vary a declaration made by the carriage service provider under this section, so long as the ACMA has approved the variation under subsection (18). (18) The ACMA may, on application made by a carriage service provider, approve the variation of a declaration made by the carriage service provider under this section. (19) An application under subsection (18) must: (a) be in writing; and (b) be in accordance with the form approved in writing by the ACMA; and (c) be accompanied by such information (if any) as is specified under subsection (20); and (d) be accompanied by such documents (if any) as are specified under subsection (20). (20) The ACMA may, by legislative instrument: (a) specify the information that must accompany an application under subsection (18); or (b) specify the documents that must accompany an application under subsection (18). Note: For variation and revocation, see subsection 33(3) of the Acts Interpretation Act 1901. (21) If, under subsection (17), a carriage service provider varies a declaration made by the carriage service provider under this section, the carriage service provider must: (a) give a copy of the variation to the ACMA; and (b) do so within 10 business days after making the variation. Declaration, revocation and variation are not legislative instruments (22) A declaration made under this section is not a legislative instrument. (23) A revocation under subsection (15) is not a legislative instrument. (24) A variation under subsection (17) is not a legislative instrument. 360HC Nominated service area—anticipatory notice to be given to the ACMA by a carriage service provider Nominated service area—real estate development project (1) If: (a) a facility has been, is being, or is to be, installed in, or in proximity to, the project area of a real estate development project; and (b) the facility is not part of the infrastructure of a telecommunications network; and (c) there is no nominated service area that: (i) consists of, or includes, the project area; and (ii) is attributable to a declaration under section 360H or 360HB; and (d) any of the following conditions is satisfied in relation to a carriage service provider (the first carriage service provider): (i) the first carriage service provider is or will be in a position to exercise control of the facility; (ii) the first carriage service provider is an associate of a person who is or will be in a position to exercise control of the facility; (iii) the first carriage service provider has entered into a contractual arrangement with the person responsible for the real estate development project, where the contractual arrangement relates to the facility; and (e) if subparagraph (d)(i) or (ii) applies—the facility began to be installed on or after 1 July 2024; and (f) if subparagraph (d)(iii) applies—the contractual arrangement was entered into on or after 1 July 2024; and (g) when the first carriage service provider commences to use the facility: (i) to supply carriage services to end‑users at premises in the whole or a part of the project area; or (ii) to supply an eligible service to another carriage service provider in order that the other carriage service provider can provide carriage services to end‑users at premises in the whole or a part of the project area; the first carriage service provider will be required, by subsection 360HB(2), to declare that the whole or the part, as the case requires, of the project area is a provisional nominated service area for the purposes of this Part; the first carriage service provider must: (h) give the ACMA a written notice that: (i) if subparagraph (d)(i) or (ii) applies—sets out the day on which the facility began to be installed; and (ii) if subparagraph (d)(iii) applies—sets out the day on which the contractual arrangement was entered into; and (iii) specifies the whole or the part, as the case requires, of the project area; and (iv) describes the facility; and (v) sets out the first carriage service provider's estimate of the time when the first carriage service provider is likely to commence to use the facility as mentioned in paragraph (g); and (i) do so within 20 business days after: (i) if subparagraph (d)(i) or (ii) applies—the day on which the facility began to be installed; or (ii) if subparagraph (d)(iii) applies—the day on which the contractual arrangement was entered into. Note: For the format of the description of the area, see section 360LA. Nominated service area—building redevelopment project (2) If: (a) a facility has been, is being, or is to be, installed in, or in proximity to, the project area of a building redevelopment project; and (b) the facility is not part of the infrastructure of a telecommunications network; and (c) there is no nominated service area that: (i) consists of, or includes, the project area; and (ii) is attributable to a declaration under section 360H or 360HB; and (d) any of the following conditions is satisfied in relation to a carriage service provider (the first carriage service provider): (i) the first carriage service provider is or will be in a position to exercise control of the facility; (ii) the first carriage service provider is an associate of a person who is or will be in a position to exercise control of the facility; (iii) the first carriage service provider has entered into a contractual arrangement with the person responsible for the real estate development project, where the contractual arrangement relates to the facility; and (e) if subparagraph (d)(i) or (ii) applies—the facility began to be installed on or after 1 July 2024; and (f) if subparagraph (d)(iii) applies—the contractual arrangement was entered into on or after 1 July 2024; and (g) when the first carriage service provider commences to use the facility: (i) to supply carriage services to end‑users at premises in the whole or a part of the project area; or (ii) to supply an eligible service to another carriage service provider in order that the other carriage service provider can provide carriage services to end‑users at premises in the whole or a part of the project area; the first carriage service provider will be required, by subsection 360HB(6), to declare that the whole or the part, as the case requires, of the project area is a provisional nominated service area for the purposes of this Part; the first carriage service provider must: (h) give the ACMA a written notice that: (i) if subparagraph (d)(i) or (ii) applies—sets out the day on which the facility began to be installed; and (ii) if subparagraph (d)(iii) applies—sets out the day on which the contractual arrangement was entered into; and (iii) specifies the whole or the part, as the case requires, of the project area; and (iv) describes the facility; and (v) sets out the first carriage service provider's estimate of the time when the first carriage service provider is likely to commence to use the facility as mentioned in paragraph (g); and (i) do so within 20 business days after: (i) if subparagraph (d)(i) or (ii) applies—the day on which the facility began to be installed; or (ii) if subparagraph (d)(iii) applies—the day on which the contractual arrangement was entered into. Note: For the format of the description of the area, see section 360LA. Variation of notice (3) A carriage service provider may, by writing, vary a notice given by the carriage service provider under this section, so long as the ACMA has approved the variation under subsection (4). (4) The ACMA may, on application made by a carriage service provider, approve the variation of a notice given by the carriage service provider under this section. (5) An application under subsection (4) must: (a) be in writing; and (b) be in accordance with the form approved in writing by the ACMA; and (c) be accompanied by such information (if any) as is specified under subsection (6); and (d) be accompanied by such documents (if any) as are specified under subsection (6). (6) The ACMA may, by legislative instrument: (a) specify the information that must accompany an application under subsection (4); or (b) specify the documents that must accompany an application under subsection (4). Note: For variation and revocation, see subsection 33(3) of the Acts Interpretation Act 1901. (7) If, under subsection (3), a carriage service provider varies a notice given by the carriage service provider under this section, the carriage service provider must: (a) give a copy of the variation to the ACMA; and (b) do so within 10 business days after making the variation. 75 Section 360J Before "For the purposes of this Part,", insert "(1)". 76 At the end of section 360J Add: (2) Subsection (1) has effect subject to subsections (3) and (4). (3) The Minister may, by legislative instrument, declare that a specified development area mentioned in subsection (1) is not a nominated service area for the purposes of this Part. Note: For variation and revocation, see subsection 33(3) of the Acts Interpretation Act 1901. (4) The Minister may, by legislative instrument, declare that: (a) a specified development area mentioned in subsection (1) is not a nominated service area for the purposes of this Part; and (b) a specified area is a nominated service area for the purposes of this Part. Note 1: For variation and revocation, see subsection 33(3) of the Acts Interpretation Act 1901. Note 2: For the format of the description of the area, see section 360LA. (5) An area must not be specified in a declaration in accordance with paragraph (4)(b) unless at least one point in the area is also a point in the development area specified in the declaration in accordance with paragraph (4)(a). 77 At the end of subsection 360K(2) Add: Note: For variation and revocation, see subsection 33(3) of the Acts Interpretation Act 1901. 78 After subsection 360K(1) Insert: Nominated service area covered by a declaration under section 360HB (1A) For the purposes of this Part, if: (a) an area is a provisional nominated service area because of a declaration made by a carriage service provider under section 360HB; and (b) the whole or a part of the provisional nominated service area is a nominated service area; the carriage service provider is the statutory infrastructure provider for the nominated service area. (1B) The Minister may, by legislative instrument, declare that: (a) subsection (1A) does not apply to a specified nominated service area; and (b) a specified carriage service provider is the statutory infrastructure provider for the nominated service area for the purposes of this Part. Note: For variation and revocation, see subsection 33(3) of the Acts Interpretation Act 1901. 79 Paragraph 360K(3)(b) Omit "section 360J", substitute "subsection 360J(1)". 80 At the end of subsection 360K(4) Add: Note: For variation and revocation, see subsection 33(3) of the Acts Interpretation Act 1901. 81 At the end of section 360K Add: (5) If an area is a nominated service area because of a declaration made by the Minister under subsection 360J(4), the Minister may, by legislative instrument, declare that a specified carrier is the statutory infrastructure provider for the nominated service area, for the purposes of this Part. Note: For variation and revocation, see subsection 33(3) of the Acts Interpretation Act 1901. 82 After section 360K Insert: 360KA Anticipated service area Area specified in an anticipatory notice given by a carrier (1) If: (a) a notice is in force under subsection 360HA(1) in relation to the whole or a part of the project area of a real estate development project; and (b) the project involves the construction of one or more building units in the area specified in the notice; and (c) the following conditions are satisfied in relation to at least one of those building units: (i) the construction of the building unit has been completed; (ii) the building unit is occupied; and (d) the area specified in the notice does not consist of, and is not included in: (i) a nominated service area; or (ii) a designated service area; the area specified in the notice is an anticipated service area for the purposes of this Part. Area specified in an anticipatory notice given by a carriage service provider (2) If: (a) a notice is in force under subsection 360HC(1) in relation to the whole or a part of the project area of a real estate development project; and (b) the project involves the construction of one or more building units in the area specified in the notice; and (c) the following conditions are satisfied in relation to at least one of those building units: (i) the construction of the building unit has been completed; (ii) the building unit is occupied; and (d) the area specified in the notice does not consist of, and is not included in: (i) a nominated service area; or (ii) a designated service area; the area specified in the notice is an anticipated service area for the purposes of this Part. 360KB Statutory infrastructure provider for an anticipated service area Area specified in an anticipatory notice given by a carrier (1) For the purposes of this Part, if: (a) an area is specified in a notice given by a carrier under subsection 360HA(1) in relation to a real estate development project; and (b) the area is an anticipated service area; the carrier is the statutory infrastructure provider for the anticipated service area. (2) The Minister may, by legislative instrument, declare that: (a) subsection (1) does not apply to a specified anticipated service area; and (b) a specified carrier is the statutory infrastructure provider for the anticipated service area for the purposes of this Part. Note: For variation and revocation, see subsection 33(3) of the Acts Interpretation Act 1901. Area specified in an anticipatory notice given by a carriage service provider (3) For the purposes of this Part, if: (a) an area is specified in a notice given by a carriage service provider under subsection 360HC(1) in relation to a real estate development project; and (b) the area is an anticipated service area; the carriage service provider is the statutory infrastructure provider for the anticipated service area. (4) The Minister may, by legislative instrument, declare that: (a) subsection (3) does not apply to a specified anticipated service area; and (b) a specified carriage service provider is the statutory infrastructure provider for the anticipated service area for the purposes of this Part. Note: For variation and revocation, see subsection 33(3) of the Acts Interpretation Act 1901. 83 Section 360L Before "The Minister", insert "(1)". 84 Paragraph 360L(b) After "carrier", insert "or carriage service provider". 85 Section 360L (before the note) Insert: Note 1: For variation and revocation, see subsection 33(3) of the Acts Interpretation Act 1901. 86 Section 360L (note) After "Note", insert "2". 87 At the end of section 360L Add: Designated service area—multiple statutory infrastructure providers (2) The Minister may, by legislative instrument, declare that: (a) a specified area is a designated service area for the purposes of this Part; and (b) each of 2 or more specified persons is a statutory infrastructure provider for the designated service area for the purposes of this Part. Note 1: For variation and revocation, see subsection 33(3) of the Acts Interpretation Act 1901. Note 2: For the format of the description of the area, see section 360LA. (3) The Minister must not specify a person in a declaration under subsection (2) unless the person is a carrier or carriage service provider. (4) If: (a) an obligation is imposed by or under this Part on a statutory infrastructure provider for a designated service area; and (b) there are 2 or more statutory infrastructure providers for the designated service area; then: (c) that obligation is imposed on each of those statutory infrastructure providers, but may be discharged by any of those statutory infrastructure providers; and (d) if the obligation is complied with by any of those statutory infrastructure providers—the obligation is taken to have been complied with by the other statutory infrastructure provider or providers. 88 Paragraphs 360LA(1)(a) and (b) Repeal the paragraphs. 89 Paragraph 360LA(1)(f) Repeal the paragraph, substitute: (f) subsection 360HB(2); or (fa) subsection 360HB(6); or (fb) subsection 360J(3); or (fc) subsection 360J(4); or (fd) subsection 360L(1); or (fe) subsection 360L(2); 90 Paragraphs 360LA(1)(g) and (h) Repeal the paragraphs, substitute: (g) using: (i) if no coordinate system is determined under subsection (2A)—the GDA94 coordinate system; or (ii) if a coordinate system is determined under subsection (2A)—the coordinate system determined under subsection (2A); and (h) if a format is determined under subsection (3)—in that format; and (i) if no format is determined under subsection (3)—in a TAB vector format. 91 After paragraph 360LA(2)(d) Insert: or (da) subsection 360HC(1); or (db) subsection 360HC(2); 92 Paragraphs 360LA(2)(e) and (f) Repeal the paragraphs, substitute: (e) using: (i) if no coordinate system is determined under subsection (2A)—the GDA94 coordinate system; or (ii) if a coordinate system is determined under subsection (2A)—the coordinate system determined under subsection (2A); and (f) if a format is determined under subsection (3)—in that format; and (g) if no format is determined under subsection (3)—in a TAB vector format. 93 After subsection 360LA(2) Insert: (2A) The ACMA may, by legislative instrument, determine a coordinate system for the purposes of paragraphs (1)(g) and (2)(e). Note: For variation and revocation, see subsection 33(3) of the Acts Interpretation Act 1901. (2B) If a coordinate system is determined under subsection (2A), the determination does not apply to a declaration made, or a notice given, before the commencement of the determination. 94 At the end of subsection 360LA(3) Add: Note: For variation and revocation, see subsection 33(3) of the Acts Interpretation Act 1901. 95 At the end of section 360LA Add: (4) If a format is determined under subsection (3), the determination does not apply to a declaration made, or a notice given, before the commencement of the determination. 96 At the end of Division 2 of Part 19 Add: Subdivision E—Exempt projects 360M Exempt real estate development projects Projects to be supplied with public mobile telecommunications services (1) A real estate development project is exempt from subsection 360H(2) if: (a) there is telecommunications network infrastructure installed within any part of, or in proximity to, the project area of the project that will enable the supply of eligible services to premises in the whole of the project area of the project; and (b) the telecommunications network infrastructure was fully installed on or after 1 July 2020; and (c) the telecommunications network infrastructure was installed in accordance with a contractual arrangement that: (i) was entered into by a carrier and the person responsible for the real estate development project; and (ii) does not require the carrier to supply qualifying carriage services within all or any part of the project area of the project; and (d) at the time of installation, the telecommunications network infrastructure formed part of a mobile network owned or operated by the carrier. Projects to be served by radiocommunications fixed voice calls (2) A real estate development project is exempt from subsection 360H(2) if: (a) there is telecommunications network infrastructure installed within any part of, or in proximity to, the project area of the project that will enable the supply of eligible services to premises in the whole of the project area of the project; and (b) the telecommunications network infrastructure was fully installed on or after 1 July 2020; and (c) the telecommunications network infrastructure was installed in accordance with a contractual arrangement that: (i) was entered into by a carrier and the person responsible for the real estate development project; and (ii) does not require the carrier to supply qualifying carriage services within all or any part of the project area of the project; and (d) the telecommunications network infrastructure is capable of being used to supply, to end‑users at premises in the project area of the project, carriage services that enable those end‑users to make and receive radiocommunications fixed voice calls. 360N Exempt building redevelopment projects Projects to be supplied with public mobile telecommunications services (1) A building redevelopment project is exempt from subsection 360H(4) if: (a) there is telecommunications network infrastructure installed within any part of, or in proximity to, the project area of the project that will enable the supply of eligible services to premises in the whole of the project area of the project; and (b) the telecommunications network infrastructure was fully installed on or after 1 July 2020; and (c) the telecommunications network infrastructure was installed in accordance with a contractual arrangement that: (i) was entered into by a carrier and the person responsible for the building redevelopment project; and (ii) does not require the carrier to supply qualifying carriage services within all or any part of the project area of the project; and (d) at the time of installation, the telecommunications network infrastructure formed part of a mobile network owned or operated by the carrier. Projects to be served by radiocommunications fixed voice calls (2) A building redevelopment project is exempt from subsection 360H(4) if: (a) there is telecommunications network infrastructure installed within any part of, or in proximity to, the project area of the project that will enable the supply of eligible services to premises in the whole of the project area of the project; and (b) the telecommunications network infrastructure was fully installed on or after 1 July 2020; and (c) the telecommunications network infrastructure was installed in accordance with a contractual arrangement that: (i) was entered into by a carrier and the person responsible for the building redevelopment project; and (ii) does not require the carrier to supply qualifying carriage services within all or any part of the project area of the project; and (d) the telecommunications network infrastructure is capable of being used to supply, to end‑users at premises in the project area of the project, carriage services that enable those end‑users to make and receive radiocommunications fixed voice calls. 360NA Proximity to a project area For the purposes of this Subdivision, telecommunications network infrastructure forming part of a mobile network is in proximity to a project area if, and only if, once fully deployed and operational, the infrastructure is technically capable of being used to supply carriage services within the whole of the project area. 97 At the end of subsection 360P(3) Add: Note: For variation and revocation, see subsection 33(3) of the Acts Interpretation Act 1901. 98 After subsection 360P(3) Insert: Special obligation of NBN Co (3A) The Minister may, by legislative instrument, determine that, if the conditions specified in the determination are satisfied, this section has effect as if: (a) the area specified in the determination were a service area; and (b) NBN Co were the statutory infrastructure provider for that area. 99 At the end of subsection 360P(5) Add: Note: For variation and revocation, see subsection 33(3) of the Acts Interpretation Act 1901. 100 Paragraph 360P(8)(c) Omit "published", substitute "made available". 101 Subparagraph 360P(8)(d)(ii) Omit "published", substitute "made available". 102 Subsection 360P(8) (note) Omit "For publication, see", substitute "See also". 103 Subsection 360P(9) Omit "published", substitute "made available". 104 Subsection 360P(9) (note) Omit "For publication, see", substitute "See also". 105 At the end of subsection 360P(10) Add: Note: For variation and revocation, see subsection 33(3) of the Acts Interpretation Act 1901. 106 At the end of subsection 360P(11B) Add: Note: For variation and revocation, see subsection 33(3) of the Acts Interpretation Act 1901. 107 Subparagraph 360P(12)(c)(i) After "refusal", insert ", and the reasons for the refusal,". 108 Paragraph 360Q(1)(b) Omit "published", substitute "made available". 109 Subsection 360Q(1) (note) Omit "For publication, see", substitute "See also". 110 Subsections 360Q(2) and (2A) Repeal the subsections, substitute: Special obligation of NBN Co (2) The Minister may, by legislative instrument, determine that, if the conditions specified in the determination are satisfied, this section has effect as if: (a) the area specified in the determination were a service area; and (b) NBN Co were the statutory infrastructure provider for that area. Note: For variation and revocation, see subsection 33(3) of the Acts Interpretation Act 1901. Adjustment (2A) The Minister may, by legislative instrument, determine that, if the conditions specified in the determination are satisfied, the statutory infrastructure provider for the service area specified in the determination is taken to have complied with the statutory infrastructure provider's obligations under subsection (1) in relation to the service area. Note: For variation and revocation, see subsection 33(3) of the Acts Interpretation Act 1901. (2B) The Minister may, by legislative instrument, determine that, if the conditions specified in the determination are satisfied, the statutory infrastructure provider is taken to have complied with the statutory infrastructure provider's obligations under subsection (1). Note: For variation and revocation, see subsection 33(3) of the Acts Interpretation Act 1901. 111 Before subsection 360Q(3) Insert: Exception 112 At the end of subsection 360Q(4) Add: Note: For variation and revocation, see subsection 33(3) of the Acts Interpretation Act 1901. 113 At the end of subsection 360Q(6) Add: Note: For variation and revocation, see subsection 33(3) of the Acts Interpretation Act 1901. 114 Paragraph 360Q(9)(c) Omit "published", substitute "made available". 115 Subparagraph 360Q(9)(d)(ii) Omit "published", substitute "made available". 116 Subsection 360Q(9) (note) Omit "For publication, see", substitute "See also". 117 Subsection 360Q(10) Omit "published", substitute "made available". 118 Subsection 360Q(10) (note) Omit "For publication, see", substitute "See also". 119 At the end of section 360Q Add: Response to request (11) If a carriage service provider makes a request as mentioned in subsection (1): (a) the statutory infrastructure provider must: (i) notify the carriage service provider that the statutory infrastructure provider will fulfil the request; or (ii) refuse the request; and (b) do so within: (i) 10 business days after receiving the request; or (ii) if a longer period is specified under subsection (12)—that longer period. (12) The Minister may, by legislative instrument, specify a period for the purposes of subparagraph (11)(b)(ii). Note: For variation and revocation, see subsection 33(3) of the Acts Interpretation Act 1901. Notification of refusal of request (13) If: (a) a carriage service provider makes a request as mentioned in subsection (1); and (b) the fulfilment of the request would affect an end‑user at particular premises; and (c) the statutory infrastructure provider refuses the request; then: (d) the statutory infrastructure provider must: (i) give written notice of the refusal, and the reasons for the refusal, to the carriage service provider; and (ii) do so within 5 business days after the refusal; and (e) if the carriage service provider receives the notice—the carriage service provider must: (i) give a copy of the notice to the end‑user; and (ii) do so within 5 business days after receiving the notice. 120 Subsection 360R(1) Omit "carrier (the first carrier)", substitute "person (the first person)". 121 After paragraph 360R(1)(a) Insert: (aa) an anticipated service area; or 122 Subsection 360R(2) Omit "carrier" (first occurring), substitute "person". 123 Subsection 360R(2) Omit "it will", substitute "the first person will". 124 Subsection 360R(2) Omit "its", substitute "the first person's". 125 Subsection 360R(2) Omit "carrier" (second occurring), substitute "person". 126 At the end of paragraph 360R(2)(a) Add: (iii) the first person's customers; and 127 Paragraph 360R(2)(b) Repeal the paragraph, substitute: (b) do so: (i) if it is reasonably practicable for the notice to be given at least 12 months before the time when the first person will become no longer able to fulfil the first person's obligations under section 360P or 360Q—at least 12 months before that time; or (ii) in any other case—not later than 10 business days after the time when the first person becomes no longer able to fulfil the first person's obligations under section 360P or 360Q. 128 After subsection 360R(2) Insert: (2A) A notice under subsection (2) must be in accordance with the form approved in writing by the ACMA. 129 Paragraph 360R(3)(b) Omit "carrier" (first occurring), substitute "person". 130 Paragraph 360R(3)(b) Omit "carrier" (second occurring), substitute "person (being a carrier or carriage service provider)". 131 Subsection 360R(3) Omit "carrier" (third occurring), substitute "person". 132 At the end of paragraph 360R(3)(c) Add: (iii) the first person's customers; and 133 Paragraph 360R(3)(d) Repeal the paragraph, substitute: (d) do so: (i) if it is reasonably practicable for the notice to be given at least 90 days before the time when the first person becomes no longer able to fulfil the first person's obligations under section 360P or 360Q—at least 90 days before that time; or (ii) in any other case—not later than 10 business days after the time when the other person becomes the statutory infrastructure provider for the area. 134 At the end of section 360R Add: (4) A notice under subsection (3) must be in accordance with the form approved in writing by the ACMA. 135 After section 360R Insert: 360RA Rules may impose additional notification obligations on a statutory infrastructure provider (1) The ACMA may, by legislative instrument, make rules that: (a) apply to a statutory infrastructure provider that is subject to an obligation under subsection 360R(2) or (3); and (b) impose one or more additional notification obligations on the statutory infrastructure provider. (2) A notification obligation imposed by rules under subsection (1) may involve the provision of information prescribed by the rules. (3) Subsection (2) does not limit subsection (1). (4) Rules under subsection (1) may be of general application or may be limited as provided in the rules. (5) Subsection (4) does not, by implication, limit subsection 33(3A) of the Acts Interpretation Act 1901. Compliance (6) A statutory infrastructure provider must comply with rules under subsection (1). 360RB Statutory infrastructure provider must have a website A statutory infrastructure provider must have a website. 136 After Division 3 of Part 19 Insert: Division 3A—Notification obligations of carriage service provider 360SA Notification obligations of carriage service provider Scope (1) This section applies if: (a) a carriage service provider receives written notice from a person under subsection 360R(2) or (3) of a matter relating to a service area; and (b) the matter is likely to result in a change to, or the disruption of, qualifying carriage services provided by the carriage service provider to end‑users at premises in the service area. Obligation (2) The carriage service provider must: (a) give written notice of the matter to each of those end‑users; and (b) do so within 5 business days after receiving the notice under subsection 360R(2) or (3). 360SB Rules may impose additional notification obligations on a carriage service provider (1) The ACMA may, by legislative instrument, make rules that: (a) apply to a carriage service provider that is subject to an obligation under subsection 360SA(2); and (b) impose one or more additional notification obligations on the carriage service provider. (2) A notification obligation imposed by rules under subsection (1) may involve the provision of information prescribed by the rules. (3) Subsection (2) does not limit subsection (1). (4) Rules under subsection (1) may be of general application or may be limited as provided in the rules. (5) Subsection (4) does not, by implication, limit subsection 33(3A) of the Acts Interpretation Act 1901. Compliance (6) A carriage service provider must comply with rules under subsection (1). 137 Paragraph 360U(1)(a) After "terms or conditions", insert "(whether or not relating to price or a method of ascertaining price)". 138 At the end of subsection 360U(1) Add: Note 1: For variation and revocation, see subsection 33(3) of the Acts Interpretation Act 1901. Note 2: See also section 589 (instruments under this Act may provide for matters by reference to other instruments). 139 After subsection 360U(3A) Insert: (3B) A determination under subsection (1) may declare that a specified standard set out in the determination is a designated compensable standard for the purposes of this Part. (3C) A determination under subsection (1) may declare that a specified number of days is the relevant number of days for the purposes of the application of subsection 360VE(1) to a specified designated compensable standard. (3D) Subsection (1) does not, by implication, limit the power to make rules under subsection 360V(1). 140 At the end of subsection 360U(6) Add: Note 1: For variation and revocation, see subsection 33(3) of the Acts Interpretation Act 1901. Note 2: See also section 589 (instruments under this Act may provide for matters by reference to other instruments). 141 Subsection 360U(9) (heading) Omit "minimum", substitute "performance". 142 At the end of section 360U Add: (10) However, a statutory infrastructure provider is not required to comply with a benchmark set under subsection (6) to the extent that the benchmark is inconsistent with an access agreement to which the statutory infrastructure provider is a party, so long as: (a) the agreement was entered into before the commencement of the benchmark; and (b) the agreement has not been varied after the commencement of the benchmark. Other benchmarks (11) The Minister may, by legislative instrument, set minimum benchmarks that must be complied with by statutory infrastructure providers in relation to either or both of the following matters: (a) the supply or proposed supply of an eligible service to a carriage service provider in order that the carriage service provider can provide qualifying carriage services to an end‑user at premises in a relevant service area; (b) the connection of premises in a relevant service area to a qualifying telecommunications network in order that a carriage service provider can provide qualifying carriage services to an end‑user at the premises. Note 1: For variation and revocation, see subsection 33(3) of the Acts Interpretation Act 1901. Note 2: See also section 589 (instruments under this Act may provide for matters by reference to other instruments). (12) An instrument under subsection (11) may be of general application or may be limited as provided in the instrument. (13) Subsection (12) does not, by implication, limit subsection 33(3A) of the Acts Interpretation Act 1901. (14) Benchmarks set under subsection (11) may make provision for or in relation to a matter by conferring a power on the ACMA to make a legislative instrument. Provider must meet or exceed other benchmarks (15) A statutory infrastructure provider must meet or exceed a minimum benchmark set by an instrument under subsection (11). (16) However, a statutory infrastructure provider is not required to comply with a benchmark set under subsection (11) to the extent that the benchmark is inconsistent with an access agreement to which the statutory infrastructure provider is a party, so long as: (a) the agreement was entered into before the commencement of the benchmark; and (b) the agreement has not been varied after the commencement of the benchmark. 143 After paragraph 360V(1)(a) Insert: (aa) the terms and conditions (whether or not relating to price or a method of ascertaining price) of the supply of an eligible service to a carriage service provider in order that the carriage service provider can provide qualifying carriage services to an end‑user at premis