On 18 March 2010, Minister for Broadband, Communications and the
Digital Economy, Senator Stephen Conroy, introduced the
Telecommunications Legislation Amendment (Fibre Deployment)
Bill 2010 (Cth). The Bill requires the rollout of
fibre-to-the-premises infrastructure (FTTP) in new real estate
The aim of the Bill is to ensure that new housing developments
are built so that they are NBN ready.
What regime is established?
The Bill, if enacted, will:
amend the Telecommunications Act 1997 (Cth) to enable
the Minister to specify the types of real estate development
projects in which any:
lines installed must be optical fibre
any conduits, pits and ducts constructed must be constructed on
a "fibre-ready basis".
enable the Minister to create codes and standards to regulate
technical and service standards for FTTP
amend the Trade Practices Act 1974 (Cth), to enable
regulations to be made which will establish a regime which
facilitates third party access to fibre-ready facilities for the
purpose of installing optical fibre.
The provisions are intended to apply to all types of new
developments, including greenfield estates, urban infill and urban
renewal projects, with the Minister having power to regulate the
types of developments to which the requirements will apply. They
will apply whether the relevant development is intended to
establish building lots, building units or both, for either sale or
The provisions only apply to:
lines that are for use, or intended to be used, to supply a
carriage service to the public (ie they will not apply to private
lines wholly or primarily used to supply one or more carriage
services to end users or prospective end users (eg they will not
apply to a line connecting to a mobile phone tower).
The Government has estimated the cost of the requirements
imposed by the Bill for the FTTP rollout to be approximately
$519.75 million per annum, if half of all new developments are
provided with FTTP and the other half are provided with fibre-ready
infrastructure. This estimate is based on the construction of
around 189,000 new premises each year.
The current practice, set to continue if the Bill is enacted, is
for developers to bear the initial cost of installing FTTP and
fibre-ready infrastructure, but to ultimately recover the cost from
The Bill is currently before the House of Representatives, with
the Government intending to refer it to the Senate Environment,
Communications and the Arts Committee immediately for debate in the
The content of this article is intended to provide a general
guide to the subject matter. Specialist advice should be sought
about your specific circumstances.
To print this article, all you need is to be registered on Mondaq.com.
Click to Login as an existing user or Register so you can print this article.
The issue of recording telephone calls was recently considered in the Federal Court in Furnari v Ziegert  FCA 1080.
Some comments from our readers… “The articles are extremely timely and highly applicable” “I often find critical information not available elsewhere” “As in-house counsel, Mondaq’s service is of great value”
Register for Access and our Free Biweekly Alert for
This service is completely free. Access 250,000 archived articles from 100+ countries and get a personalised email twice a week covering developments (and yes, our lawyers like to think you’ve read our Disclaimer).