Federal Register of Legislation - Australian Government

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No. 1 of 2012 Determinations/Communications as made
This Determination amends the Telecommunications (Low-impact Facilities) Determination 1997 to clarify that ancillary facilities which are necessary for the operation or proper functioning of a facility described in the Schedule to the Principal Determination, are low-impact facilities for the purpose of Schedule 3 to the Telecommunications Act 1997.
Administered by: Broadband, Communications and the Digital Economy
Registered 22 Nov 2012
Tabling HistoryDate
Tabled HR26-Nov-2012
Tabled Senate26-Nov-2012
Date of repeal 24 Nov 2012
Repealed by Division 1 of Part 5A of the Legislative Instruments Act 2003

 

 

Commonwealth of Australia

Telecommunications Act 1997

Telecommunications (Low-impact Facilities) Determination 1997 (Amendment No. 1 of 2012)

I, STEPHEN MICHAEL CONROY, Minister for Broadband, Communications and the Digital Economy, make the following Determination under subclause 6(3) of Schedule 3 to the Telecommunications Act 1997.

Dated 20 November 2012

 

STEPHEN MICHAEL CONROY

Minister for Broadband, Communications and the Digital Economy

                                                 

_________________________________________________________________

1          Name of Determination

This Determination is the Telecommunications (Low-impact Facilities) Determination 1997 (Amendment No. 1 of 2012).

2          Commencement

This Determination commences on the day after it is registered on the Federal Register of Legislative Instruments.

3          Variation

The Telecommunications (Low-impact Facilities) Determination 1997 is amended as set out in the Schedule to this Determination.

 


Schedule              Amendments

                          

[1]   Subsection 3.1(4)

omit the subsection, substitute

 

(4)        A facility that is ancillary to a facility covered by subsection (1) is also a low-impact facility only if it is:

(a)       necessary for the operation or proper functioning of the low-impact facility; or

(b)        installed, or to be installed, solely to ensure the protection or safety of:

                        (i)         the low-impact facility;

                        (ii)        a facility covered by paragraph (a); or

                        (iii)       persons or property in close proximity to the low-impact

facility.