Federal Register of Legislation - Australian Government

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A Bill for an Act about telecommunications, and for related purposes
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Introduced HR 05 Dec 1996

Telecommunications Bill 1996
(Volume 1 contains Parts 1 and 2)
First Reading

1996

The Parliament of the

Commonwealth of Australia

HOUSE OF REPRESENTATIVES

Presented and read a first time

Telecommunications Bill 1996

No. , 1996

(Communications and the Arts)

A Bill for an Act about telecommunications, and for related purposes

Contents

Part 1--Introduction       

101       Short title

102       Commencement

103A       Objects

103B       Regulatory policy

103C       Simplified outline

103D       Main index

104       Definitions

105       Crown to be bound

106       Extra-territorial application

107       Extension to external Territories

108       Extension to adjacent areas

109       Act subject to Radiocommunications Act

110       Continuity of partnerships

111A       Controlled carriage services, controlled networks and controlled facilities

113       Content service

115       Listed carriage services

115A       Standard telephone service

116       Direct access to an emergency service number

116A       Recognised person who operates an emergency call service

116B       Customer cabling

116BA Customer equipment       

116C       Customer cabling and customer equipment--boundary of a telecommunications network

117AA Immediate circle       

117AB Extended meaning of use       

Part 2--Network units       

Division 1--Simplified outline       

117A       Simplified outline

Division 2--Basic definition       

117C       Single line links connecting distinct places in Australia

117D       Multiple line links connecting distinct places in Australia

117F       Designated radiocommunications facility

117G       Facilities specified in Ministerial determination

Division 3--Related definitions       

118       Line links

118D       Designated radiocommunications facility

118E       Public mobile telecommunications service

118F       Intercell hand-over functions

118G       When a base station is part of a terrestrial radiocommunications customer access network

118H       Fixed radiocommunications link

Division 4--Distinct places       

119       Distinct places--basic rules

120       Properties

122       Combined areas

123       Principal user of a property

124       Eligible combined areas

A Bill for an Act about telecommunications, and for related purposes

The Parliament of Australia enacts:

Part 1--Introduction


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101 Short title
        This Act may be cited as the Telecommunications Act 1996.

102 Commencement
       (1) The following provisions of this Act commence on the day on which this Act receives the Royal Assent:

       (a) this Part;

       (b) Part 2;

       (c) Divisions 2, 3 and 4 of Part 4;

       (d) Division 3 of Part 25;

       (e) Part 33;

       (f) section 2206A;

       (g) section 2209.

       (2) Sections 214 to 218 (inclusive) commence on 5 June 1997.

       (3) The remaining provisions of this Act commence on 1 July 1997.

103A Objects
       (1) The main object of this Act, when read together with Parts XIB and XIC of the Trade Practices Act 1974, is to provide a regulatory framework that promotes:

       (a) the long-term interests of end-users of carriage services or of services provided by means of carriage services; and

       (b) the efficiency and international competitiveness of the Australian telecommunications industry.

       (2) The other objects of this Act, when read together with Parts XIB and XIC of the Trade Practices Act 1974, are as follows:

       (a) to ensure that standard telephone services, payphones and other carriage services of social importance are:

       (i) reasonably accessible to all people in Australia on an equitable basis, wherever they reside or carry on business; and

       (ii) are supplied as efficiently and economically as practicable; and

       (iii) are supplied at performance standards that reasonably meet the social, industrial and commercial needs of the Australian community;

       (b) to promote the supply of diverse and innovative carriage services and content services;

       (c) to promote the development of an Australian telecommunications industry that is efficient, competitive and responsive to the needs of the Australian community;

       (d) to promote the effective participation by all sectors of the Australian telecommunications industry in markets (whether in Australia or elsewhere);

       (e) to promote:

       (i) the development of the technical capabilities and skills of the Australian telecommunications industry; and

       (ii) the development of the value-adding and export-oriented activities of the Australian telecommunications industry; and

       (iii) research and development that contributes to the growth of the Australian telecommunications industry;

       (f) to promote the equitable distribution of benefits from improvements in the efficiency and effectiveness of:

       (i) the provision of telecommunications networks and facilities; and

       (ii) the supply of carriage services;

       (g) to provide appropriate community safeguards in relation to telecommunications activities and to regulate adequately participants in sections of the Australian telecommunications industry.

103B Regulatory policy
        The Parliament intends that telecommunications be regulated in a manner that:

       (a) promotes the greatest practicable use of industry self-regulation; and

       (b) does not impose undue financial and administrative burdens on participants in the Australian telecommunications

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industry;

but does not compromise the effectiveness of regulation in achieving the objects mentioned in section 103A.

103C Simplified outline
        The following is a simplified outline of this Act:

*       This Act sets up a system for regulating telecommunications.

*       The main entities regulated by this Act are carriers and service providers.

*       A carrier is the holder of a carrier licence granted under this Act.

*       The owner of a network unit that is used to supply carriage services to the public must hold a carrier licence unless responsibility for the unit is transferred from the owner to a carrier.

*       There are 4 types of network unit:

       (a) a single line link connecting distinct places in Australia, where the line link meets certain minimum distance requirements;

       (b) multiple line links connecting distinct places in Australia, where the line links meet certain minimum distance requirements;

       (c) a designated radiocommunications facility;

       (d) a facility specified in a Ministerial determination.

*       Carrier licences are subject to conditions.

*       There are 2 types of service provider:

       (a) a carriage service provider;

       (b) a content service provider.

*       A carriage service provider is a person who supplies, or proposes to supply, certain carriage services.

*       A content service provider is a person who supplies, or proposes to supply, certain content services.

*       Service providers must comply with the service provider rules.

*       The Australian Communications Authority (ACA) is to monitor, and report each year to the Minister on, significant matters relating to the performance of carriers and service providers.

*       Bodies and associations that represent sections of the telecommunications industry may develop industry codes.

*       Industry codes may be registered by the ACA.

*       Compliance with an industry code is voluntary unless the ACA directs a particular participant in the telecommunications industry to comply with the code.

*       The ACA has a reserve power to make an industry standard if there are no industry codes or if an industry code is deficient.

*       Compliance with industry standards is mandatory.

*       A universal service regime is established. The main object of the universal service regime is to ensure that all people in Australia, wherever they reside or carry on business, should have reasonable access, on an equitable basis, to:

       (a) standard telephone services; and

       (b) payphones; and

       (c) prescribed carriage services.

*       Certain local calls are to be charged for on an untimed basis.

*       The ACA may make performance standards to be complied with by carriage service providers in relation to customer service.

*       Certain carriers and carriage service providers must enter into the Telecommunications Industry Ombudsman scheme.

*       Provision is made for the protection of residential customers of carriage service providers against failure by the providers to supply standard telephone services.

*       The ACA may impose requirements on carriers, carriage service providers and certain other persons in relation to emergency call services.

*       Carriers and carriage service providers must protect the confidentiality of communications.

*       The ACA, carriers and carriage service providers must do their best to prevent telecommunications networks and facilities from

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being used to commit offences.

*       A carrier or carriage service provider may be required to have an interception capability.

*       Carriers and carriage service providers must ensure that it is possible to execute a warrant issued under the Telecommunications (Interception) Act 1979.

*       Carriage service providers may be required to supply carriage services for defence purposes or for the management of natural disasters.

*       A carrier or carriage service provider may be required to enter into an agreement with the Commonwealth about:

       (a) planning for network survivability; or

       (b) operational requirements in times of crisis.

*       The ACA may require certain carriers and carriage service providers to provide pre-selection in favour of carriage service providers.

*       The Advanced Mobile Phone System is to be phased out by 1 January 2000.

*       Carriers and carriage service providers may be required to comply with certain international conventions.

*       The Minister may make Rules of Conduct about dealings with international telecommunications operators.

*       Provision is made for the technical regulation of customer equipment, customer cabling and cabling work.

*       The ACA may regulate numbering by means of a numbering plan.

*       Provision is made for standard agreements for the supply of carriage services.

*       The ACA and the ACCC may hold public inquiries about certain matters relating to telecommunications.

*       The ACA may investigate certain matters relating to telecommunications.

*       Certain switching systems must be capable of providing calling line identification.

*       Provision is made for the following ancillary matters:

       (a) information-gathering powers;

       (b) powers of search, entry and seizure;

       (c) review of decisions;

       (d) injunctions;

       (e) the prohibition of false and misleading statements.

103D Main index
        The following is a main index to this Act:

Main Index



Item

Topic

Provisions

1

AMPS (Advanced Mobile Phone System)

Part 19

2

Calling line identification

Part 18

3

Carriers' powers and immunities

Part 24, Schedule 3

4

Carrier licence conditions

Part 3, Schedule 1

5

Carriers

Part 3

6

Communications, protection of

Part 13

7

Customer service guarantee

Part 9

8

Decisions, review of

Part 29, Schedule 4

9

Defence requirements and disaster plans

Part 16

10

Emergency call services

Part 12

11

Enforcement

Part 28

12

Industry codes and industry standards

Part 6

13

Information-gathering powers

Part 27

14

Injunctions

Part 30

15

Inquiries, public

Part 25

16

International aspects

Part 20

17

Investigations

Part 26

18

Law enforcement agencies, co-operation with

Part 15

19

Liability, vicarious

Part 32

20

Local calls, untimed

Part 8

21

National interest matters

Part 14

22

Network units

Part 2

23

Numbering and electronic addressing

Part 22

24

Penalties, civil

Part 31

25

Performance of carriers and service providers, monitoring of

Part 5

26

Pre-selection

Part 17

27

Residential customers, protection of

Part 11

28

Service provider rules

Part 4, Schedule 2

29

Service providers

Part 4

30

Standard agreements for the supply of carriage services

Part 23

31

Statements, false and misleading

Part 33

32

Technical regulation

Part 21

33

Telecommunications Industry Ombudsman

Part 10

34

Universal service regime

Part 7


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104 Definitions
        In this Act, unless the contrary intention appears:

ACA means the Australian Communications Authority.

ACA's telecommunications functions has the same meaning as in the Australian Communications Authority Act 1996.

ACA's telecommunications powers means the powers conferred on the ACA by or under:

       (a) this Act; or

       (b) Part XIC of the Trade Practices Act 1974; or

       (c) section 9 of the Australian Communications Authority Act 1996, in so far as that section relates to the ACA's telecommunications functions.

ACCC means the Australian Competition and Consumer Commission.

ACCC's telecommunications functions and powers means the functions and powers conferred on the ACCC by or under:

       (a) this Act; or

       (b) the Telstra Corporation Act 1991; or

       (c) Part XIB of the Trade Practices Act 1974; or

       (d) Part XIC of the Trade Practices Act 1974; or

       (e) any other provision of the Trade Practices Act 1974, in so far as that provision applies to a matter connected with telecommunications.

For this purpose, telecommunications means the carriage of communications by means of guided and/or unguided electromagnetic energy.

aircraft includes a balloon.

approved universal service plan means an approved universal service plan under Division 4 of Part 7.

Australia, when used in a geographical sense, includes the eligible Territories.

base station that is part of a terrestrial radiocommunications customer access network has the meaning given by section 118G.

broadcasting service has the same meaning as in the Broadcasting Services Act 1992.

cabling licence means a licence granted under section 435.

carriage service means a service for carrying communications by means of guided and/or unguided electromagnetic energy.

carriage service intermediary means a person who is a carriage service provider under subsection 247(5).

carriage service provider has the meaning given by section 247.

carrier means the holder of a carrier licence.

carrier licence means a licence granted under section 219.

carry includes transmit, switch and receive.

Chairman means the Chairman of the ACA.

civil penalty provision means:

       (a) subsection 226(1); or

       (b) subsection 226(2); or

       (c) subsection 275(1); or

       (d) subsection 275(2); or

       (e) subsection 1907A(2); or

       (f) subsection 1907A(3); or

       (g) subsection 1909A(1); or

       (h) subsection 1909A(2); or

       (i) subsection 1433(1); or

       (j) subsection 1433(2); or

       (k) subsection 1702(1); or

       (l) subsection 1702(3).

communications includes any communication:

       (a) whether between persons and persons, things and things or persons and things; and

       (b) whether in the form of speech, music or other sounds; and

       (c) whether in the form of data; and

       (d) whether in the form of text; and

       (e) whether in the form of visual images (animated or otherwise); and

       (f) whether in the form of signals; and

       (g) whether in any other form; and

       (h) whether in any combination of forms.

connected, in relation to:

       (a) a telecommunications network; or

       (b) a facility; or

       (c) customer cabling; or

       (d) customer equipment;

includes connection otherwise than by means of physical contact, for example, a

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connection by means of radiocommunication.

connection permit means a permit issued under section 416.

constitutional corporation means a corporation to which paragraph 51(xx) of the Constitution applies.

content service has the meaning given by section 113.

content service provider has the meaning given by section 255.

controlled carriage service has the meaning given by section 111A.

controlled facility has the meaning given by section 111A.

controlled network has the meaning given by section 111A.

customer cabling has the meaning given by section 116B.

customer equipment has the meaning given by section 116BA.

data processing device means any article or material (for example, a disk) from which information is capable of being reproduced, with or without the aid of any other article or device.

defence purposes means any one or more of the following:

       (a) the operation of command or control systems;

       (b) the operation, direction or use of a defence organisation;

       (c) the operation of intelligence systems;

       (d) the collection or dissemination of information relevant to the security or defence of:

       (i) the Commonwealth; or

       (ii) a foreign country that is allied or associated with the Commonwealth;

       (e) the operation or control of weapons systems, including any thing that, by itself or together with any other thing or things, is intended for defensive or offensive use in combat;

       (f) any other matter specified in the regulations.

designated radiocommunications facility has the meaning given by section 118D.

direct access, in relation to an emergency service number, has a meaning affected by section 116.

directory assistance services means services that are:

       (a) provided to an end-user of a standard telephone service to help the end-user find the number of another end-user of a standard telephone service; and

       (b) provided by an operator or by means of:

       (i) an automated voice response system; or

       (ii) another technology-based system.

distinct places has the meaning given by section 119.

draft universal service plan means a draft universal service plan under Division 4 of Part 7.

eligible partnership means a partnership where each partner is a constitutional corporation.

eligible Territory means:

       (a) the Territory of Christmas Island; or

       (b) the Territory of Cocos (Keeling) Islands; or

       (c) an external Territory prescribed for the purposes of section 107.

emergency call contractor means a person who performs services for or on behalf of a recognised person who operates an emergency call service, but does not include a person who performs such services in the capacity of an employee of the person who operates the emergency call service.

Note:       Recognised person who operates an emergency call service is defined by section 116A.

emergency call person means:

       (a) a recognised person who operates an emergency call service; or

       (b) an employee of such a person; or

       (c) an emergency call contractor; or

       (d) an employee of an emergency call contractor.

Note:       Recognised person who operates an emergency call service is defined by section 116A.

emergency call service means a service for:

       (a) receiving and handling calls to an emergency service number; and

       (b) providing information about such calls to:

       (i) a police force or service; or

       (ii) a fire service; or

       (iii) an ambulance service; or

       (iv) a service specified in the numbering plan for the purposes of this subparagraph;

        for purposes connected with dealing with the matter or matters raised by the call.

emergency service number has the meaning given by section 307C.

exempt network-user means:

       (a) a person:

       (i) who is entitled to use a network unit to supply

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a carriage service; and

       (ii) whose entitlement derives, directly or indirectly, from rights granted to a carrier; or

       (b) if:

       (i) a police force or service; or

       (ii) a fire service; or

       (iii) an ambulance service; or

       (iv) an emergency service specified in the regulations;

        (the first force or service) uses a network unit for the sole or principal purpose of enabling either or both of the following:

       (v) communication between the members of the first force or service;

       (vi) communication between the members of the first force or service and the members of another force or service, where the other force or service is of a kind covered by subparagraph (i), (ii), (iii) or (iv);

        the first force or service.

For the purposes of paragraph (b), an employee of a force or service is taken to be a member of the force or service.

facility means:

       (a) any part of the infrastructure of a telecommunications network; or

       (b) any line, equipment, apparatus, tower, mast, antenna, tunnel, duct, hole, pit, pole or other structure or thing used, or for use, in or in connection with a telecommunications network;

Federal Court means the Federal Court of Australia.

fixed radiocommunications link has the meaning given by section 118H.

immediate circle has the meaning given by section 117AA.

import means import into Australia.

inspector has the meaning given by section 1925.

intercell hand-over functions has the meaning given by section 118F.

levy means levy imposed by the Telecommunications (Universal Service Levy) Act 1996.

line means a wire, cable, optical fibre, tube, conduit, waveguide or other physical medium used, or for use, as a continuous artificial guide for or in connection with carrying communications by means of guided electromagnetic energy.

line link has the meaning given by section 118.

listed carriage service has the meaning given by section 115.

member means a member of the ACA (and does not include an associate member).

national universal service provider has the meaning given by section 1330.

net cost area has the meaning given by section 1379C.

network unit has the meaning given by Division 2 of Part 2.

nominated carrier means a carrier in respect of whom a nominated carrier declaration is in force.

nominated carrier declaration means a declaration under section 233E.

numbering plan has the meaning given by section 302.

owner, in relation to a network unit, means a person who legally owns the unit (whether alone or together with one or more other persons).

participating carrier has the meaning given by section 1312.

person includes a partnership.

point-to-multipoint service means a carriage service which allows a person to transmit a communication to more than one end-user simultaneously.

public body means:

       (a) the Commonwealth, a State or a Territory; or

       (b) an authority, or institution, of the Commonwealth, a State or a Territory; or

       (c) an incorporated company all the stock or shares in the capital of which is beneficially owned by one of the following:

       (i) the Commonwealth;

       (ii) a State;

       (iii) a Territory; or

       (d) an incorporated company limited by guarantee, where the interests and rights of the members in or in relation to the company are beneficially owned by one of the following:

       (i) the Commonwealth;

       (ii) a State;

       (iii) a Territory.

public mobile telecommunications service has the meaning given by section 118E.

radiocommunication has the same meaning as in the Radiocommunications Act 1992.


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radiocommunications receiver has the same meaning as in the Radiocommunications Act 1992.

radiocommunications transmitter has the same meaning as in the Radiocommunications Act 1992.

recognised person who operates an emergency call service has the meaning given by section 116A.

recognised testing authority has the meaning given by section 423A.

record-keeping rule means a rule under section 1923F.

regional universal service provider has the meaning given by section 1330.

satellite-based facility means a radiocommunications transmitter, or a radiocommunications receiver, in a satellite.

service provider has the meaning given by section 246.

service provider rules has the meaning given by section 260.

standard telephone service has the meaning given by section 115A.

telecommunications industry includes an industry that involves:

       (a) carrying on business as a carrier; or

       (b) carrying on business as a carriage service provider; or

       (c) supplying goods or services for use in connection with the supply of a listed carriage service; or

       (d) supplying a content service using a listed carriage service; or

       (e) manufacturing or importing customer equipment or customer cabling; or

       (f) installing, maintaining, operating or providing access to:

       (i) a telecommunications network; or

       (ii) a facility;

        used to supply a listed carriage service.

Telecommunications Industry Ombudsman means the Telecommunications Industry Ombudsman appointed under the Telecommunications Industry Ombudsman scheme.

Telecommunications Industry Ombudsman scheme means the scheme referred to in section 1711.

telecommunications network means a system, or series of systems, that carries, or is capable of carrying, communications by means of guided and/or unguided electromagnetic energy.

Telstra has the same meaning as in the Telstra Corporation Act 1991.

this Act includes the regulations.

universal service obligation has the meaning given by section 1320.

universal service provider means:

       (a) the national universal service provider; or

       (b) a regional universal service provider.

vessel means a vessel or boat of any description, and includes:

       (a) an air-cushion vehicle; and

       (b) any floating structure.

105 Crown to be bound
       (1) This Act binds the Crown in right of the Commonwealth, of each of the States, of the Australian Capital Territory, of the Northern Territory and of Norfolk Island.

       (2) This Act does not make the Crown liable to a pecuniary penalty or to be prosecuted for an offence.

       (3) The protection in subsection (2) does not apply to an authority of the Crown.

106 Extra-territorial application
        This Act applies both within and outside Australia.

107 Extension to external Territories
        This Act extends to:

       (a) the Territory of Christmas Island; and

       (b) the Territory of Cocos (Keeling) Islands; and

       (c) such other external Territories (if any) as are prescribed.

108 Extension to adjacent areas

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       (1) This Act applies in relation to the adjacent areas of:

       (a) each of the States; and

       (b) each of the eligible Territories;

as if references in this Act to Australia included references to those adjacent areas. This subsection has effect subject to subsection (2).

       (2) The application of this Act in accordance with subsection (1) in relation to an adjacent area extends only in relation to acts, matters and things touching, concerning, arising out of or connected with:

       (a) the exploration of the continental shelf of Australia; or

       (b) the exploitation of the resources of the continental shelf of Australia.

       (3) The application of this Act in accordance with subsection (1) in relation to an adjacent area extends in relation to all acts done by or in relation to, and all matters, circumstances and things affecting, any person who is in the adjacent area for a reason touching, concerning, arising out of or connected with:

       (a) the exploration of the continental shelf of Australia; or

       (b) the exploitation of the resources of the continental shelf of Australia.

       (4) Subsection (3) does not, by implication, limit subsection (2).

       (5) In this section:

adjacent area, in relation to a State or Territory, has the same meaning as in the Petroleum (Submerged Lands) Act 1967.

continental shelf has the same meaning as in the Seas and Submerged Lands Act 1973.

109 Act subject to Radiocommunications Act
       (1) This Act has effect subject to the Radiocommunications Act 1992.

       (2) However, to avoid doubt, the fact that a person is authorised to do something under a licence under the Radiocommunications Act 1992 does not entitle the person to do that thing if the person is prohibited by or under this Act from doing it, unless a condition of the licence requires the person to do it.

110 Continuity of partnerships
        For the purposes of this Act, a change in the composition of a partnership does not affect the continuity of the partnership.

111A Controlled carriage services, controlled networks and controlled facilities
Controlled carriage services

       (1) For the purposes of this Act, if:

       (a) a carrier or carriage service provider supplies, or proposes to supply, a carriage service; and

       (b) the carriage service involves, or will involve, the use of a controlled network, or a controlled facility, of the carrier or of the provider, as the case may be;

the carriage service is a controlled carriage service of the carrier or the provider, as the case may be.

Controlled networks

       (2) For the purposes of this Act, if:

       (a) a carrier or carriage service provider operates a telecommunications network; and

       (b) the network satisfies the geographical test set out in subsection (4);

the network is a controlled network of the carrier or the provider, as the case may be.

Controlled facilities

       (3) For the purposes of this Act, if:

       (a) a carrier or carriage service provider operates a facility; and

       (b) the facility satisfies the geographical test set out in subsection (4);

the facility is a controlled facility of the carrier or provider, as the case may be.

Geographical test

       (4) For the purposes of this section, a telecommunications network, or a facility, satisfies the geographical

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test
if:

       (a) the whole or any part of the network or facility, as the case requires, is, or will be, located in Australia; or

       (b) all of the following conditions are satisfied:

       (i) a person, or a group of persons, operates the network or the facility, as the case requires;

       (ii) the person, or at least one of the members of the group, carries on, or will carry on, a telecommunications-related business wholly or partly in Australia;

       (iii) the network, or the facility, as the case requires, is used, or will be used, to supply a listed carriage service, or a service that is ancillary or incidental to such a service.

Definition

       (5) In this section:

telecommunications-related business means a business that consists of, or includes:

       (a) supplying a carriage service; or

       (b) supplying goods or services for use in connection with the supply of a carriage service; or

       (c) supplying a content service; or

       (d) installing, maintaining, operating or providing access to:

       (i) a telecommunications network; or

       (ii) a facility.

113 Content service
       (1) For the purposes of this Act, a content service is:

       (a) a broadcasting service (within the meaning of the Broadcasting Services Act 1992); or

       (b) an on-line information service (for example, a dial-up information service); or

       (c) an on-line entertainment service (for example, a video-on-demand service or an interactive computer game service); or

       (d) any other on-line service (for example, an education service provided by a State or Territory government); or

       (e) a service of a kind specified in a determination made by the Minister for the purposes of this paragraph.

       (2) The Minister may make a written determination for the purposes of paragraph (1)(e).

       (3) A determination made for the purposes of paragraph (1)(e) is a disallowable instrument for the purposes of section 46A of the Acts Interpretation Act 1901.

115 Listed carriage services
       (1) For the purposes of this Act, the following carriage services are listed carriage services:

       (a) a carriage service between a point in Australia and one or more other points in Australia;

       (b) a carriage service between a point and one or more other points, where the first-mentioned point is in Australia and at least one of the other points is outside Australia;

       (c) a carriage service between a point and one or more other points, where the first-mentioned point is outside Australia and at least one of the other points is in Australia.

       (2) For the purposes of this section, a point includes a mobile or potentially mobile point, whether on land, underground, in the atmosphere, in outer space, underwater, at sea or anywhere else.

       (3) For the purposes of this section, a point that is:

       (a) in the atmosphere; and

       (b) in or below the stratosphere; and

       (c) above Australia;

is taken to be a point in Australia.

       (4) For the purposes of this section, a point that is:

       (a) on a satellite; and

       (b) above the stratosphere;

is taken to be a point outside Australia.

115A Standard telephone service
       (1) A reference in a particular provision of this Act to a standard telephone service is a reference to a carriage service
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for each of the following purposes:

       (a) the purpose of voice telephony;

       (b) if:

       (i) voice telephony is not practical for a particular end-user with a disability (for example, because the user has a hearing impairment); and

       (ii) another form of communication that is equivalent to voice telephony (for example, communication by means of a teletypewriter) would be required to be supplied to the end-user in order to comply with the Disability Discrimination Act 1992;

        the purpose of that form of communication;

       (c) a purpose declared by the regulations to be a designated purpose for the purposes of that provision;

where:

       (d) the service passes the connectivity test set out in subsection (2); and

       (e) to the extent that the service is for the purpose referred to in paragraph (a)--the service has the characteristics (if any) declared by the regulations to be the designated characteristics in relation to that service for the purposes of that provision; and

       (f) to the extent that the service is for the purpose referred to in paragraph (b)--the service has the characteristics (if any) declared by the regulations to be the designated characteristics in relation to that service for the purposes of that provision; and

       (g) to the extent that the service is for a particular purpose referred to in paragraph (c)--the service has the characteristics (if any) declared by the regulations to be the designated characteristics in relation to that service for the purposes of that provision.

       (2) A service passes the connectivity test if an end-user supplied with the service for a purpose mentioned in paragraph (1)(a), (b) or (c) is ordinarily able to communicate, by means of the service, with each other end-user who is supplied with the same service for the same purpose, whether or not the end-users are connected to the same telecommunications network.

       (3) The following are examples of purposes that could be declared by regulations made for the purposes of paragraph (1)(c):

       (a) the purpose of the carriage of data;

       (b) the purpose of tone signalling.

       (4) In making a recommendation to the Governor-General at a particular time about the making of regulations for the purposes of paragraph (1)(c), the Minister must have regard to the following matters:

       (a) whether a carriage service for the purpose proposed to be declared by the regulations can be supplied using the same infrastructure as is, at that time, being used by universal service providers to supply a standard telephone service for the purpose referred to in paragraph (1)(a);

       (b) such other matters (if any) as the Minister considers relevant.

       (5) This section does not prevent a characteristic declared by regulations made for the purposes of paragraph (1)(e), (f) or (g) from being a performance characteristic.

116 Direct access to an emergency service number
        For the purposes of this Act, a person is taken not to have direct access to an emergency service number unless, in the event that the person attempts to place a call to the number, the call can be established and maintained.

116A Recognised person who operates an emergency call service
       (1) A reference in this Act to a recognised person who operates an emergency call service is a reference to a person who:

       (a) operates an emergency call service; and

       (b) is specified, in a written determination made by the ACA for the purposes of this paragraph, as:

       (i) a national operator of emergency call services; or

       (ii) a regional operator of emergency call services.

       (2) A copy of a determination under paragraph (1)(b) is to be published in the Gazette.

116B Customer cabling

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       (1) For the purposes of this Act, customer cabling means a line that, under the regulations, is treated as customer cabling.

       (2) Regulations made for the purposes of subsection (1) may deal with a matter by reference to the boundary of a telecommunications network.

Note:       Boundary of a telecommunications network is defined by section 116C.

       (3) Subsection (2) does not, by implication, limit subsection (1).

       (4) If no regulations are in force for the purposes of subsection (1), then, for the purposes of this Act, customer cabling means a line that is used, installed ready for use or intended for use on the customer side of the boundary of a telecommunications network.

Note:       Boundary of a telecommunications network is defined by section 116C.

116BA Customer equipment
       (1) For the purposes of this Act, customer equipment means:

       (a) any equipment, apparatus, tower, mast, antenna or other structure or thing; or

       (b) any system (whether software-based or otherwise);

that:

       (c) is used, installed ready for use or intended for use in connection with a carriage service; and

       (d) under the regulations, is treated as customer equipment;

but does not include a line.

       (2) Regulations made for the purposes of subsection (1) may deal with a matter by reference to the boundary of a telecommunications network.

Note:       Boundary of a telecommunications network is defined by section 116C.

       (3) Subsection (2) does not, by implication, limit subsection (1).

       (4) If no regulations are in force for the purposes of subsection (1), then, for the purposes of this Act, customer equipment means:

       (a) any equipment, apparatus, tower, mast, antenna or other structure or thing that is used, installed ready for use or intended for use on the customer side of the boundary of a telecommunications network; or

       (b) any system (whether software-based or otherwise) that is used, installed ready for use or intended for use on the customer side of the boundary of a telecommunications network;

but does not include:

       (c) a line; or

       (d) equipment of a kind specified in regulations made for the purposes of this paragraph; or

       (e) an apparatus, tower, mast, antenna or other structure or thing that is of a kind specified in regulations made for the purposes of this paragraph; or

       (f) a system (whether software-based or otherwise) that is of a kind specified in regulations made for the purposes of this paragraph.

Note :       Boundary of a telecommunications network is defined by section 116C.

116C Customer cabling and customer equipment--boundary of a telecommunications network
       (1) For the purposes of sections 116B and 116BA, the boundary of a telecommunications network is to be ascertained in accordance with the regulations.

       (2) Regulations made for the purposes of subsection (1) may deal with a matter by reference to any or all of the following:

       (a) the terms of an agreement between 2 or more carriers, where the agreement is entered into for the purposes of those regulations;

       (b) the terms of an agreement between 2 or more carriage service providers, where the agreement is entered into for the purposes of those regulations;

       (c) the terms of an agreement between a carrier and a carriage service provider, where the agreement is entered into for the

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purposes of those regulations;

       (d) the terms of an agreement between a carrier and a customer of the carrier, where the agreement is entered into for the purposes of those regulations;

       (e) the terms of an agreement between a carriage service provider and a customer of the provider, where the agreement is entered into for the purposes of those regulations.

       (3) Subsection (2) does not, by implication, limit subsection (1).

       (4) If no regulations are in force for the purposes of subsection (1), then, for the purposes of sections 116B and 116BA, the boundary of a telecommunications network is:

       (a) in a case where a telecommunications network is used to supply a carriage service to an end-user in a building by means of a line that enters the building--the point at which the line connects to a network termination device located at, or within close proximity to, the building entry point; or

       (b) in a case where a telecommunications network is used to supply a carriage service to an end-user by means of a satellite-based facility that transmits to, or receives transmissions from, the point where the end user is located--the outer surface of the satellite-based facility; or

       (c) in a case where:

       (i) a telecommunications network is used to supply a carriage service to an end-user; and

       (ii) paragraphs (a) and (b) do not apply;

        the outer surface of the fixed facility nearest to the end-user, where the facility is used, installed ready for use or intended for use to supply the carriage service.

       (5) For the purposes of subsection (4), the building entry point is the point at which a line that is used to provide a carriage service to a an end-user in a building meets the outer surface of that building, immediately before entering the building.

       (6) In this section:

building includes a structure, a caravan and a mobile home.

117AA Immediate circle
       (1) For the purposes of this Act, a person's immediate circle consists of the person, together with the following persons:

       (a) if the person is an individual--an employee of the individual;

       (b) if the person is a partnership--an employee of the partnership;

       (c) if the person is a body corporate:

       (i) an officer of the body corporate;

       (ii) if another body corporate is related to the first-mentioned body corporate (within the meaning of the Corporations Law)--that other body corporate and an officer of that other body corporate;

       (d) if the person is the Commonwealth:

       (i) an authority or institution of the Commonwealth (other than an authority or institution that carries on a business as a core function) and a constituent member or an employee of such an authority or institution;

       (ii) an officer or employee of the Commonwealth;

       (iii) a member of the Australian Defence Force;

       (iv) a member of the Australian Federal Police;

       (v) a member of the Parliament and a member of the staff of a member of the Parliament;

       (vi) a person who holds or performs the duties of an office under the Constitution or a law of the Commonwealth;

       (e) if the person is a State:

       (i) an authority or institution of the State (other than an authority or institution that carries on a business as a core function) and a constituent member or an employee of such an authority or institution;

       (ii) an officer or employee of the State;

       (iii) a member of the police force of the State;

       (iv) a member of the Parliament of the State and a member of the staff of a member of the Parliament of the State;

       (v) a person who holds or performs the duties of an office under a law of the State;

       (f) if the person is a Territory:

       (i) an authority or institution of the Territory (other than an authority or institution that carries on a business as a core function) and a constituent member or an employee of such an authority or institution;

       (ii) an officer or employee of the Territory;

       (iii) a member of the police force of the Territory;


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       (iv) a member of the Legislative Assembly of the Territory and a member of the staff of a member of the Legislative Assembly of the Territory;

       (v) a person who holds or performs the duties of an office under a law of the Territory;

       (g) if the person is an authority or institution of the Commonwealth (other than an authority or institution that carries on a business as a core function):

       (i) a constituent member or an employee of the authority or institution;

       (ii) an officer or employee of the Commonwealth;

       (iii) a member of the Australian Defence Force;

       (iv) a member of the Australian Federal Police;

       (v) a member of the Parliament and a member of the staff of a member of the Parliament;

       (vi) a person who holds or performs the duties of an office under the Constitution or a law of the Commonwealth;

       (vii) a constituent member or an employee of another authority or institution of the Commonwealth (other than an authority or institution that carries on a business as a core function);

       (h) if the person is an authority or institution of the Commonwealth, being an authority or institution that carries on a business as a core function--a constituent member or an employee of the authority or institution;

       (i) if the person is an authority or institution of a State (other than an authority or institution that carries on a business as a core function):

       (i) a constituent member or an employee of the authority or institution;

       (ii) an officer or employee of the State;

       (iii) a member of the police force of the State;

       (iv) a member of the Parliament of the State and a member of the staff of a member of the Parliament of the State;

       (v) a person who holds or performs the duties of an office under the law of the State;

       (vi) a constituent member or an employee of another authority or institution of the State (other than an authority or institution that carries on a business as a core function);

       (j) if the person is an authority or institution of a State, being an authority or institution that carries on a business as a core function--a constituent member or an employee of the authority or institution;

       (k) if the person is an authority or institution of a Territory (other than an authority or institution that carries on a business as a core function):

       (i) a constituent member or an employee of the authority or institution;

       (ii) an officer or employee of the Territory;

       (iii) a member of the police force of the Territory;

       (iv) a member of the Legislative Assembly of the Territory and a member of the staff of a member of the Legislative Assembly of the Territory;

       (v) a person who holds or performs the duties of an office under the law of the Territory;

       (vi) a constituent member or an employee of another authority or institution of the Territory (other than an authority or institution that carries on a business as a core function);

       (l) if the person is an authority or institution of a Territory, being an authority or institution that carries on a business as a core function--a constituent member or employee of the authority or institution;

       (m) a person specified in a determination under subsection (2).

       (2) The Minister may make a written determination specifying persons for the purposes of paragraph (1)(m).

       (3) The determination has effect accordingly.

       (4) A determination under subsection (2) is a disallowable instrument for the purposes of section 46A of the Acts Interpretation Act 1901.

       (5) For the purposes of this section, a person who holds or performs the duties of the office of Administrator of the Northern Territory is taken to be an officer of that Territory.

       (6) For the purposes of this section, the Australian Federal Police is taken to be the police force of the Australian Capital Territory.

       (7) In this section:

core function, in relation to an authority or institution, means a function of the authority or institution other than a secondary or incidental function.


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director includes a constituent member of a body corporate incorporated for a public purpose by a law of the Commonwealth, a State or a Territory.

executive officer, in relation to a body corporate, means a person, by whatever name called and whether or not a director of the body, who is concerned in, or takes part in, the management of the body.

officer, in relation to a body corporate, includes a director, secretary, executive officer or employee of the body.

117AB Extended meaning of use
        Unless the contrary intention appears, a reference in this Act to the use of a thing is reference to the use of the thing either:

       (a) in isolation; or

       (b) in conjunction with one or more other things.

Part 2--Network units

Division 1--Simplified outline

117A Simplified outline
        The following is a simplified outline of this Part:

*       The object of this Division is to define the expression network unit.

*       There are 4 types of network unit:

       (a) a single line link connecting distinct places in Australia, where the line link meets certain minimum distance requirements;

       (b) multiple line links connecting distinct places in Australia, where the line links meet certain minimum distance requirements;

       (c) a designated radiocommunications facility;

       (d) a facility specified in a Ministerial determination.

Division 2--Basic definition

117C Single line links connecting distinct places in Australia
       (1) If:

       (a) a line link connects distinct places in Australia; and

       (b) the distinct places are at least the statutory distance apart;

the line link is a network unit.

       (2) For the purposes of this section, the statutory distance is:

       (a) 500 metres; or

       (b) if a longer distance, not exceeding 50 kilometres, is specified in the regulations--that longer distance.

117D Multiple line links connecting distinct places in Australia
       (1) If:

       (a) the same person owns, or the same persons own, 2 or more line links; and

       (b) each of those line links connects distinct places in Australia; and

       (c) the aggregate of the distances between the distinct places is more than the statutory distance;

each of those line links is a network unit.

Note:       Statutory distance is defined by subsection (3).

       (2) If:

       (a) the following conditions are satisfied in relation to 2 or more line links:

       (i) the owners of the line links are bodies corporate;

       (ii) the owners of the line links are all members of the same related company group; and

       (b) each of those line links connects distinct places in Australia; and


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       (c) the aggregate of the distances between the distinct places is more than the statutory distance;

each of those line links is a network unit.

Note:       Statutory distance is defined by subsection (3).

       (3) For the purposes of this section, the statutory distance is:

       (a) 5 kilometres; or

       (b) if a longer distance, not exceeding 500 kilometres, is specified in the regulations--that longer distance.

       (4) In this section:

owner means legal or beneficial owner, and own has a corresponding meaning.

related company group means a group of 2 or more bodies corporate, where each member of the group is related to each other member of the group.

       (5) For the purposes of this section, the question whether a body corporate is related to another body corporate is to be determined in the same manner as that question is determined under the Corporations Law.

117F Designated radiocommunications facility
       (1) If a designated radiocommunications facility is used, or is for use, to supply a carriage service between a point in Australia and one or more other points in Australia, the facility is a network unit.

       (2) It does not matter whether the supply involves:

       (a) the use of a satellite; or

       (b) the use of a line or other facility outside Australia.

       (3) For the purposes of this section, a point includes a mobile or potentially mobile point, whether on land, underground, in the atmosphere, in outer space, underwater, at sea or anywhere else.

       (4) For the purposes of this section, a point that is:

       (a) in the atmosphere; and

       (b) in or below the stratosphere; and

       (c) above Australia;

is taken to be a point in Australia.

       (5) For the purposes of this section, a point that is:

       (a) on a satellite; and

       (b) above the stratosphere;

is taken to be a point outside Australia.

117G Facilities specified in Ministerial determination
       (1) The Minister may, by written instrument, determine that a specified facility is a network unit for the purposes of this Act.

       (2) The determination has effect accordingly.

       (3) An instrument under this section is a disallowable instrument for the purposes of section 46A of the Acts Interpretation Act 1901.

       (4) To avoid doubt, nothing in the other provisions of this Part limits the power conferred by subsection (1).

Division 3--Related definitions

118 Line links
       (1) A line constitutes a line link.

       (2) If:

       (a) a line is connected to another line; and

       (b) the other line constitutes, or forms part of, a line link;

the first-mentioned line, and the line link referred to in paragraph (b), together constitute a line link.

       (3) Subsection (2) is recursive, that is, the reference in paragraph (2)(b) to a line link is a reference to something that is a line link because of any other application or applications of this section.

       (4) For the purposes of subsection (2), a line is

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connected to another line if, and only if:

       (a) the lines are connected to each other; or

       (b) each of the lines is connected to the same facility (other than a line);

in such a way that a communication can be carried, by means of the 2 lines, or by means of facilities including the 2 lines, in the same way as if the 2 lines were a single line.

       (5) A facility other than a line does not form part of any line link.

118D Designated radiocommunications facility
       (1) A reference in this Act to a designated radiocommunications facility is a reference to:

       (a) a base station used, or for use, to supply a public mobile telecommunications service; or

       (b) a base station that is part of a terrestrial radiocommunications customer access network; or

       (c) a fixed radiocommunications link; or

       (d) a satellite-based facility; or

       (e) a radiocommunications transmitter of a kind specified in a determination under subsection (2); or

       (f) a radiocommunications receiver of a kind specified in a determination under subsection (3);

but does not include a reference to:

       (g) a base station of a kind declared under subsection (5) to be exempt from this section; or

       (h) a fixed radiocommunications link of a kind declared under subsection (5) to be exempt from this section; or

       (i) a satellite-based facility of a kind declared under subsection (5) to be exempt from this section.

Note 1:       Public mobile telecommunications service is defined by section 118E.

Note 2:       Base station that is part of a terrestrial radiocommunications customer access network is defined by section 118G.

Note 3:       Fixed radiocommunications link is defined by section 118H.

Note 4:       Satellite-based facility is defined by section 104.

       (2) The Minister may make a written determination for the purposes of paragraph (1)(e).

       (3) The Minister may make a written determination for the purposes of paragraph (1)(f).

       (4) A determination under subsection (2) or (3) is a disallowable instrument for the purposes of section 46A of the Acts Interpretation Act 1901.

       (5) The Minister may make a written declaration for the purposes of paragraph (1)(g), (h) or (i).

       (6) A declaration under subsection (5) is a disallowable instrument for the purposes of section 46A of the Acts Interpretation Act 1901.

       (7) To avoid doubt, nothing in the other provisions of this Part limits a power conferred by subsection (2), (3) or (5).

118E Public mobile telecommunications service
       (1) For the purposes of this Act, if:

       (a) an end-user can use a carriage service while moving continuously between places; and

       (b) the customer equipment used for or in relation to the supply of the service is not in physical contact with any part of the telecommunications network by means of which the service is supplied; and

       (c) the service is supplied by use of a telecommunications network that has intercell hand-over functions; and

       (d) the service is not an exempt service (as defined by subsection (2), (3) or (4));

the service is a public mobile telecommunications service.

       (2) For the purposes of this section, a carriage service is an exempt service if:

       (a) the service is supplied by means of a telecommunications network (a primary network) that is connected to one or more line links or other facilities that, apart from this section, are eligible network units; and

       (b) the principal function of the primary network is to supply carriage services between customer equipment connected to the primary network and other such equipment; and

       (c) the supply of carriage services between such

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equipment and equipment connected to the network units is, at most, an ancillary function of the primary network; and

       (d) despite the connection or connections referred to in paragraph (a), the primary network cannot be used in carrying a communication, as a single transaction, between equipment connected to the network units and other such equipment.

       (3) For the purposes of this section, a carriage service is an exempt service if the service is:

       (a) a one-way only, store-and-forward communications service; or

       (b) a service that performs the same functions as such a service.

       (4) For the purposes of this section, a carriage service is an exempt service if all of the end-users of the service are located at the same distinct place.

       (5) In this section:

eligible network unit means a network unit:

       (a) that is owned by one or more carriers; or

       (b) in relation to which a nominated carrier declaration is in force.

118F Intercell hand-over functions
       (1) For the purposes of this Act, a telecommunications network is taken to have intercell hand-over functions if, and only if:

       (a) the facilities of the network include at least 2 base stations each of which transmits and receives signals to and from customer equipment (mobile equipment) that is:

       (i) used for or in relation to the supply of an eligible mobile telecommunications service; and

       (ii) located within a particular area (a cell); and

       (b) the network includes the functions necessary to do the following while the network is carrying a communication made to or from particular mobile equipment:

       (i) determine in which cell the equipment is located and cause the base station in that cell to transmit and receive signals to and from the equipment;

       (ii) when the equipment moves from one cell to another, cause the base station in the one cell to stop, and the base station in the other cell to start, transmitting and receiving signals to and from the equipment.

       (2) For the purposes of this section, a carriage service is an eligible mobile telecommunications service if:

       (a) an end-user can use it while moving continuously between places; and

       (b) customer equipment used for or in relation to the supply of the service is not in physical contact with any part of the telecommunications network by means of which the service is supplied.

118G When a base station is part of a terrestrial radiocommunications customer access network
       (1) For the purposes of this Act, a base station is part of a terrestrial radiocommunications customer access network if, and only if:

       (a) the base station is part of a telecommunications network; and

       (b) the base station is used, or for use, in connection with the supply of a carriage service; and

       (c) customer equipment used for or in relation to the supply of the service is not in physical contact with any part of the telecommunications network by means of which the service is supplied; and

       (d) the service is wholly or principally used, or wholly or principally for use, by each end-user:

       (i) at premises occupied or used by the end-user; or

       (ii) in the immediate vicinity of those premises; and

       (e) the network does not have intercell hand-over functions; and

       (f) the conditions (if any) specified in the regulations are satisfied; and

       (g) the network is not an exempt network (as defined by subsection (2)).

       (2) For the purposes of paragraph (1)(g), a network is an exempt network if:

       (a) the sole use of the network is use by a

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broadcaster to:

       (i) supply broadcasting services to the public; or

       (ii) supply a secondary carriage service by means of the main carrier signal of a primary broadcasting service;

        or both; or

       (b) the network is used, or for use, for the sole purpose of supplying carriage services on a non-commercial basis; or

       (c) the network is of a kind specified in the regulations.

       (3) In this section:

broadcaster means:

       (a) the Australian Broadcasting Corporation; or

       (b) the Special Broadcasting Service Corporation; or

       (c) the holder of a licence under the Broadcasting Services Act 1992; or

       (d) a person who provides a broadcasting service under a class licence under the Broadcasting Services Act 1992.

118H Fixed radiocommunications link
       (1) For the purposes of this Act, a fixed radiocommunications link is a facility, or a combination of facilities, where:

       (a) the facility or combination is used, or for use, in connection with the supply of a carriage service between 2 or more fixed points by means of radiocommunication; and

       (b) some or all of the communications carried by means of the facility or combination have the characteristic of double-ended interconnection (as defined by subsection (3)); and

       (c) the facility or combination does not consist of:

       (i) one or more base stations that are part of a terrestrial radiocommunications customer access network; or

       (ii) one or more base stations that would be part of such a network if paragraph 118G(1)(g) had not been enacted.

       (2) For the purposes of this section, a fixed point is a fixed point on:

       (a) land; or

       (b) a building or structure on land.

       (3) For the purposes of this section, if:

       (a) a communication is carried over a line link or other facility that, apart from this section, is an eligible network unit; and

       (b) the communication is then carried (immediately or with a transmission delay of not longer than 30 seconds), by means of radiocommunication, between 2 or more fixed points; and

       (c) the communication is then carried (immediately or with a transmission delay of not longer than 30 seconds) over another line link or other facility that, apart from this section, is an eligible network unit;

the communication referred to in paragraph (b) has the characteristic of double-ended interconnection.

       (4) In this section:

eligible network unit means a network unit:

       (a) that is owned by one or more carriers; or

       (b) in relation to which a nominated carrier declaration is in force.

Division 4--Distinct places

119 Distinct places--basic rules
       (1) Places are distinct unless they are all in the same area because of subsection (2), (3) or (4).

       (2) Places are in the same area if they are all situated in the same property as defined by section 120.

       (3) Places are in the same area if they are situated in properties each of which forms part of a combined area as defined by section 122 and:

       (a) the same person or persons is or are the principal user (as defined by section 123) of all the properties that together constitute that combined area; or

       (b) because of a determination in force under section 124, that combined area is an eligible combined area for the purposes of this paragraph.

       (4) Places are in the same area if they are all

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situated in the same eligible Territory.

       (5) The later provisions of this Division have effect only for the purposes of this Division.

120 Properties
       (1) An area of land is a property if:

       (a) there is a single freehold or leasehold title in relation to that area (whether or not that title is registered under a law of a State or Territory relating to the registration of interests in land); and

       (b) no part of that area is subject to a lease granted by the holder of that title; and

       (c) the title to the area is defined by reference to geographical coordinates.

       (2) If:

       (a) there is a single freehold or leasehold title (as mentioned in paragraph (1)(a)) in relation to an area of land; and

       (b) some but not all of that area is subject to a lease granted by the holder of that title;

then, an area of land:

       (c) all of which is within the area referred to in paragraph (a) of this subsection; and

       (d) none of which is subject to such a lease;

is a property unless it is only part of another such area.

       (3) An area of land is not a property except as provided in this section.

       (4) The regulations may prescribe the circumstances in which an area of land in relation to which there is a single freehold or leasehold title is not to constitute a property for the purposes of this Division.

       (5) Despite paragraph (1)(c), the regulations may prescribe the circumstances in which an area of land, the title to which is defined otherwise than by reference to geographical coordinates, is a property.

       (6) In this section:

land includes premises and a part of premises, but does not include unalienated Crown land.

lease includes sublease and leasehold title has a corresponding meaning.

122 Combined areas
       (1) 2 contiguous properties form a combined area.

       (2) If:

       (a) a property is contiguous with another property; and

       (b) the other property forms part of a combined area;

the first-mentioned property, and the combined area referred to in paragraph (b), together form a combined area.

       (3) Subsection (2) is recursive, that is, the reference in paragraph (2)(b) to a combined area is a reference to something that is a combined area because of any other application or applications of this section.

123 Principal user of a property
       (1) The principal user of a property is the person who:

       (a) occupies the property; or

       (b) uses the property for the purpose that is the sole or principal purpose for which the property is used.

       (2) However, if 2 or more persons:

       (a) together occupy a property; or

       (b) together use a property for the purpose that is the sole or principal purpose for which the property is used;

they are taken to together be the principal user of the property.

124 Eligible combined areas
       (1) The Minister may, by writing, determine that specified combined areas are eligible combined areas for the purposes of paragraph 119(3)(b).

       (2) An instrument under subsection (1) is a disallowable instrument for the purposes of section 46A of the Acts Interpretation Act 1901.


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