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National Broadband Network Companies Act 2011
In force
Administered by
Department of Infrastructure, Transport, Regional Development, Communications and the Arts
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C2025C00285 (C09)
28 March 2025
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Part 1—Preliminary
1 Short title
2 Commencement
3 Objects
4 Simplified outline
5 Definitions
6 Crown to be bound
7 Extension to external Territories
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Part 2—Operations of NBN corporations
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Division 1—Simplified outline
8 Simplified outline
Division 2—Rules about operations of NBN corporations
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Subdivision A—Supply of eligible services to be on wholesale basis
9 Supply of eligible services to be on wholesale basis
10 Exemption—transport authorities
11 Exemption—electricity supply bodies
12 Exemption—gas supply bodies
13 Exemption—water supply bodies
14 Exemption—sewerage services bodies
15 Exemption—storm water drainage services bodies
16 Exemption—State or Territory road authorities
Subdivision B—Supply of other goods and services
17 Content services not to be supplied
18 Non communications services not to be supplied
19 Non communications goods not to be supplied
Subdivision BA—Access to a telecommunications transmission tower owned or operated by an NBN corporation etc.
19A Access to a telecommunications transmission tower
19B Access to the site of a telecommunications transmission tower
19C Reasonableness—Ministerial determinations
19D Publication of access terms and conditions—towers
19E Publication of access terms and conditions—sites
19F Terms and conditions of access to be on a non discriminatory basis
19G Equipment
19H Eligible person
19J Site
19K Goods
Subdivision C—Investment activities
20 Restriction of investment activities
Subdivision D—Transitional
21 Transitional—pre commencement contractual obligations
22 Transitional—pre acquisition contractual obligations
Division 3—Functional separation of NBN corporations
23 Contents of draft or final functional separation undertaking
24 Functional separation principles
25 Functional separation requirements determination
26 Draft functional separation undertaking to be given to the Communications Minister and the Finance Minister
27 Approval of draft functional separation undertaking by the Communications Minister and the Finance Minister
28 Time limit for making an approval decision
29 Effect of approval
30 Variation of final functional separation undertaking
31 Publication of final functional separation undertaking
32 Compliance with final functional separation undertaking
Division 4—Divestiture of assets by NBN corporations
33 Directions about disposal of assets
34 Directions about transfer of assets to another NBN corporation
35 Advice from ACCC about disposal or transfer directions
36 Exemption from stamp duty—transfer in compliance with transfer direction
Division 5—Carrier licence conditions etc.
37 Carrier licence condition
38 Service provider rule
39 Power to declare carrier licence conditions not limited
40 Power to determine service provider rules not limited
Division 6—Special carrier licence conditions
41 Conditions about supply of carriage services by NBN corporations
42 Consultation with ACCC
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Part 3—Ownership and control of NBN Co
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Division 1—Simplified outline
43 Simplified outline of this Part
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Division 2—Commonwealth ownership and control of NBN Co
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Subdivision AA—Infrastructure of national significance
43A Parliament’s intention in relation to operation of the national broadband network and ownership of NBN Co
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Subdivision A—Commonwealth ownership provisions
44 Commonwealth ownership provisions
45 Commonwealth to retain ownership of NBN Co
46 Compliance by NBN Co
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Division 4—General provisions
76 Extra territorial application
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Part 5—Anti avoidance
86 Anti avoidance
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Part 6—Injunctions
87 Simplified outline
88 Injunctions
89 Interim injunctions
90 Discharge etc. of injunctions
91 Certain limits on granting injunctions not to apply
92 Other powers of the Federal Court unaffected
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Part 7—Miscellaneous
93 Severability
94 Promotion of the long term interests of end users of carriage services and of services supplied by means of carriage services
95 NBN Co is not a public authority
96 Public Works Committee Act
97 Winding up of NBN corporation not prevented by this Act
98 Rights of NBN corporation’s shareholders, debenture holders and creditors to be subject to this Act
98A Exemption from stamp duty—matters related to the creation, development or operation of the national broadband network
98B Mapping data
99 Delegation
100 Compensation for acquisition of property
101 Regulations
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Schedule 1—NBN corporations
1 NBN corporations
2 Control of a company
3 Associate
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Endnotes
Endnote 1—About the endnotes
Endnote 2—Abbreviation key
Endnote 3—Legislation history
Endnote 4—Amendment history