No. It is simply my recollection of a discussion with the RSP. I did not take it to be binding or meaningful or in a strict legal sense. In context it might also have been, you get what you get because that’s all there is.
There are various speed test options. In addition to using Ookla, I’ve been provided through the ACCC NBN monitoring program a SamKnows White Box. It’s monitoring and testing the connection speed 24x7 and logging the results. The results report to the ACCC.
You can refer to this related topic for further content.
‘ACCC Reports on NBN Performance - #254 by mark_m
It’s a good guess having looked to the ACMA tower details. The tower is only equiped with 3 cells each covering 120 degrees nominally. That may also be an issue. It’s not the only weak link in the chain. How many customers the tower services is another factor. None of this is public knowledge.
The NBN and ACCC refer to averages. Hence on average we should all be happy with the outcome. 
