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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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C2023C00417 (C08)
20 October 2023
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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
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Division 2—Commonwealth ownership and control 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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Subdivision B—Termination of Commonwealth ownership provisions
47 Object of this Subdivision
48 Declaration by Communications Minister—whether national broadband network should be treated as built and fully operational
49 Productivity Commission inquiry
50 Declaration by Finance Minister—whether conditions suitable for an NBN Co sale scheme
51 Termination of Commonwealth ownership provisions
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Subdivision C—Sale by the Commonwealth of its shares in NBN Co
52 Simplified outline
53 When NBN Co sale scheme may be entered into and carried out
54 NBN Co sale scheme
55 Sale scheme hybrid securities
56 Exemption from stamp duty—transfer by the Commonwealth of its shares in NBN Co etc.
57 Authorisation of borrowing—issue of sale scheme hybrid securities
58 Appropriation—costs incurred in connection with an NBN Co sale scheme
59 Assistance given by NBN Co or the Board in connection with an NBN Co sale scheme
60 Giving of assistance—ancillary provisions
61 Reimbursement of expenses incurred in giving assistance
62 Commonwealth to be bound by Chapters 6CA, 6D and 7 of the Corporations Act 2001
63 Reduction of NBN Co’s share capital
64 Alterations of NBN Co’s constitution—notice to debenture holders
65 Alteration of NBN Co’s constitution—Ministerial instrument
66 Use by the Commonwealth of information obtained from NBN Co or the Board
67 Agreements relating to the protection of information obtained from NBN Co or the Board
68 NBN Co’s obligations to disclose information
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Division 3—Private ownership and control of NBN Co
69 Unacceptable private ownership or control situation
70 Prohibition of unacceptable private ownership or control situation
71 Remedial orders
72 Record keeping and giving of information
73 Validity of acts done in contravention of this Division
74 Acquisition of property
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Division 4—General provisions
75 Interest in a share
76 Extra territorial application
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Part 4—NBN Co’s reporting obligations
77 Simplified outline
78 Application of this Part
79 Financial statements
80 Communications Minister and the Finance Minister to be notified of significant events
81 Keeping the Communications Minister and the Finance Minister informed
82 Corporate plan for NBN Co
83 Consequences of contraventions of this Part
84 This Part has effect despite the Corporations Act 2001 etc.
85 When this Part ceases to have effect
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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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Schedule 2—Parliamentary Joint Committee on the Ownership of NBN Co
1 Parliamentary Joint Committee on the Ownership of NBN Co
2 Powers and proceedings of the Parliamentary Joint Committee
3 Duties of the Parliamentary Joint Committee
4 Winding up of the Parliamentary Joint Committee
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Endnotes
Endnote 1—About the endnotes
Endnote 2—Abbreviation key
Endnote 3—Legislation history
Endnote 4—Amendment history