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This determination allows the Commonwealth, the Government of the Australian Capital Territory and ACTEW Corporation to make designated parts of their respective ACT networks (which exist as at the date of the exemption), available to varying degrees to one another for limited specified uses without the need to meet the licensing requirements of section 42 of the Telecommunications Act 1997.
Administered by: Infrastructure, Transport, Regional Development and Communications
Registered 26 Apr 2013
Tabling HistoryDate
Tabled HR14-May-2013
Tabled Senate14-May-2013

 

 Commonwealth of Australia

 

Telecommunications Act 1997

 

Telecommunications (Carrier Licence Exemption ICON, SSICT and ACTEW Networks)

Determination 2013 (No. 1)

 

 

I, STEPHEN MICHAEL CONROY, Minister for Broadband, Communications and the Digital Economy, make the following Determination under paragraph 51(1)(c) of the Telecommunications Act 1997.

 

Dated 19 April 2013               

 

 

 

STEPHEN MICHAEL CONROY
Minister for Broadband, Communications and the Digital Economy

 

                    ————————————————————————————

 

1          Name of Determination

 

This Determination is the Telecommunications (Carrier Licence Exemption — ICON, SSICT and ACTEW Networks) Determination 2013 (No. 1).

 

2          Commencement

 

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

 

3          Definitions

 

In this Determination:

 

Act means the Telecommunications Act 1997.

 

ACTEW Corporation means ACTEW Corporation Ltd (ACN 069 381 960).

 

ActewAGL means any one or more of the following entities:

(a)    the partnership between ACTEW Distribution Ltd (ACN 073 025 224) and Jemena Networks (ACT) Pty Ltd (ACN 008 552 663), trading as ActewAGL Distribution (ABN 76 670 568 688); or

(b)   ActewAGL Generation Pty Ltd (ACN 157 684 994); or

(c)    a related body corporate of an entity referred to in paragraph (a) or (b) above.

 

Designated ACTEW Corporation Communications Infrastructure means the telecommunications infrastructure comprising the line links that are:

(a)    situated between the locations described at item 1 of Schedule 3 to this Determination; and

(b)   owned by the ACTEW Corporation; and

(c)    in existence as at the commencement of this Determination.

 

Designated Category A ICON Communications Infrastructure means the telecommunications infrastructure comprising the line links that are:

(a)    situated between the locations described at item 1 of Schedule 1 to this  Determination; and

(b)   owned by the Commonwealth; and

(c)    in existence as at the commencement of this Determination.

 

Designated Category B ICON Communications Infrastructure means the telecommunications infrastructure comprising the line links that are:

(a)    situated between the locations described at item 2 of Schedule 1 to this Determination; and

(b)   owned by the Commonwealth; and

(c)    in existence as at the commencement of this Determination.

 

Designated ICON Communications Infrastructure means the Designated Category A ICON Communications Infrastructure and the Designated Category B ICON Communications Infrastructure.

 

Designated SSICT Communications Infrastructure means the telecommunications infrastructure comprising the line links that are:

(a)    situated between the locations described at item 1 of Schedule 2 to this Determination; and

(b)   owned by the Crown in right of the Australian Capital Territory; and

(c)    in existence as at the commencement of this Determination.

 

related body corporate has the meaning given to it by the Corporations Act 2001.

 

Note 1:     Several other words and expressions used in this Determination have the meaning given by section 7 of the Act (see subsection 13(1) of the Legislative Instruments Act 2003). For example, ‘carriage service’ and ‘line link’.

 

Note 2:     The expression ‘core function’ used in this Determination has the meaning given by subsection 23(11) of the Act (see subsection 13(1) of the Legislative Instruments Act 2003).

 

 

 

4     Exemption – Designated Category A ICON Communications Infrastructure

 

Subject to the conditions set out in clause 6 below, section 42 of the Act does not apply in relation to the use of the Designated Category A ICON Communications Infrastructure, where the use is:

(a)    by ActewAGL or ACTEW Corporation; and

(b)   wholly or principally to support network resilience for one or more of the following purposes:

(i)                 managing the generation, transmission, distribution or supply of electricity;

(ii)               managing the transmission, distribution or supply of natural gas in a pipeline;

(iii)             managing the distribution of water;

(iv)             managing the supply of sewerage services;

(v)               managing the supply of storm water drainage services; and

(c)    authorised in writing by:

(i)                 the Commonwealth as represented by the Commonwealth Department of Finance and Deregulation (or other replacement Commonwealth body or agency responsible for the Commonwealth’s administration of the Designated ICON Communications Infrastructure); and

(ii)               ActewAGL or ACTEW Corporation (as applicable).

 

5     Exemption – Designated Category B ICON Communications Infrastructure

 

Subject to the conditions set out in clause 6 below, section 42 of the Act does not apply in relation to the use of the Designated Category B ICON Communications Infrastructure, where the use is:

(a)    by one or more of the following:

(i)                 the Crown in right of the Australian Capital Territory;

(ii)               an authority or institution of the Australian Capital Territory (other than an authority or institution that carries on a business as a core function); and

(b)               wholly or principally for the exercise or performance of a public function or duty; and

(c)                authorised in writing by:

(i)                 the Commonwealth as represented by the Commonwealth Department of Finance and Deregulation (or other replacement Commonwealth body or agency responsible for the Commonwealth’s administration of the Designated ICON Communications Infrastructure); and

(ii)               the Crown in right of the Australian Capital Territory as represented by the Australian Capital Territory Commerce and Works Directorate (or other replacement Australian Capital Territory directorate, department or agency responsible for the Territory’s administration of the Designated SSICT Communications Infrastructure).

 

6     Condition – ICON Communications Infrastructure

 

The exemptions in clauses 4 and 5 are subject to the condition that the Commonwealth Department of Finance and Deregulation must:

(a)    within 28 days of this Determination coming into force, create records which identify:

(i)         the line links; and

(ii)        the geographical coordinates for each endpoint of a line link;

comprising the Designated ICON Communications Infrastructure; and

(b)   retain the records required to be created under paragraph (a) above in a readily accessible and useable format for the duration of this Determination.

 

7     Exemption – Designated SSICT Communications Infrastructure

 

(1)   Subject to the conditions set out in subclause (2) below, section 42 of the Act does not apply in relation to the use of the Designated SSICT Communications Infrastructure, where the use is:

(a)    by one or more of the following:

(i)                 the Commonwealth; or

(ii)               an authority or institution of the Commonwealth (other than an authority or institution that carries on a business as a core function); and

(b)   wholly or principally for the exercise or performance of a public function or duty; and

(c)    authorised in writing by:

(i)                 the Commonwealth as represented by the Commonwealth Department of Finance and Deregulation (or other replacement Commonwealth body or agency responsible for the Commonwealth’s administration of the Designated ICON Communications Infrastructure); and

(ii)               the Crown in right of the Australian Capital Territory as represented by the Australian Capital Territory Commerce and Works Directorate (or other replacement Australian Capital Territory directorate, department or agency responsible for the Territory’s administration of the Designated SSICT Communications Infrastructure).

 

(2)   The exemption is subject to the condition that the Australian Capital Territory Commerce and Works Directorate must:

(a)    within 28 days of this Determination coming into force, create records which identify:

(i)         the line links; and

(ii)        the geographical coordinates for each endpoint of a line link;

comprising the Designated SSICT Communications Infrastructure; and

(b)   retain the records required to be created under paragraph (a) above in a readily

accessible and useable format for the duration of this Determination.

 


8     Exemption – Designated ACTEW Corporation Communications Infrastructure

 

(1)   Subject to the conditions set out in subclause (2) below, section 42 of the Act does not apply in relation to the use of the Designated ACTEW Corporation Communications Infrastructure, where the use is:

(a)    by one or more of the following:

(i)                 the Crown in right of the Australian Capital Territory;

(ii)               an authority or institution of the Australian Capital Territory (other than an authority or institution that carries on a business as a core function); and

(b)  wholly or principally for the exercise or performance of a public emergency management function or duty; and

(c) authorised in writing by:

(i)                 ACTEW Corporation; and

(ii)               the Crown in right of the Australian Capital Territory as represented by the Australian Capital Territory Commerce and Works Directorate (or other replacement Australian Capital Territory directorate, department or agency responsible for the Territory’s administration of the Designated SSICT Communications Infrastructure).

 

(2)   The exemption is subject to the condition that ACTEW Corporation must:

(a)    within 28 days of this Determination coming into force, create records which identify:

(i)         the line links; and

(ii)        the geographical coordinates for each endpoint of a line link;

comprising the Designated ACTEW Corporation Communications Infrastructure; and

(b)   retain the records required to be created under paragraph (a) above in a readily

accessible and useable format for the duration of this Determination.

 


Schedule 1

Item 1:            Locations - Designated Category A ICON Communications Infrastructure

Sub-item

Location A

Location B

1.1

Fyshwick, ACT

Duffy, ACT

1.2

Fyshwick, ACT

Greenway, ACT

1.3

Fyshwick, ACT

Mitchell, ACT

1.4

Fyshwick, ACT

Stromlo, ACT

 

Item 2:             Locations - Designated Category B ICON Communications Infrastructure

Sub-item

Location A

Location B

2.1

Dickson, ACT

Fairbairn, ACT

2.2

Dickson, ACT

Lyneham, ACT

2.3

Duffy, ACT

Duffy, ACT

2.4

Fairbairn, ACT

Fyshwick, ACT

2.5

Fyshwick, ACT

Fyshwick, ACT

2.6

Lyneham, ACT

Acton, ACT

2.7

Tuggeranong, ACT

Farrer, ACT

2.8

Tuggeranong, ACT

Pearce, ACT

2.9

Tuggeranong, ACT

Torrens, ACT

2.10

Tuggeranong, ACT

Tuggeranong, ACT

2.11

Tuggeranong, ACT

Wanniassa, ACT

2.12

Woden, ACT

Curtin, ACT

2.13

Woden, ACT

Deakin, ACT

2.14

Woden, ACT

Farrer, ACT

2.15

Woden, ACT

Mawson, ACT

2.16

Woden, ACT

Red Hill, ACT

2.17

Woden, ACT

Tuggeranong, ACT

2.18

Woden, ACT

Wanniassa, ACT

2.19

Woden, ACT

Woden, ACT

2.20

Woden, ACT

Woden, ACT

 


Schedule 2

Item 1: Locations - Designated SSICT Communications Infrastructure

Sub-item

Location A

Location B

1.1

Belconnen, ACT

Belconnen, ACT

1.2

Bruce, ACT

Bruce, ACT

1.3

Canberra City, ACT

Canberra City, ACT

1.4

Canberra City, ACT

Canberra City, ACT

1.5

Fyshwick, ACT

Symonston, ACT

1.6

Gungahlin, ACT

Mitchell, ACT

1.7

Hume, ACT

Tuggeranong, ACT

1.8

Lyons, ACT

Bruce, ACT

1.9

Lyons, ACT

Tuggeranong, ACT

1.10

Mitchell, ACT

Gungahlin, ACT

1.11

Symonston, ACT

Hume, ACT

1.12

Tuggeranong, ACT

Tuggeranong, ACT

1.13

Tuggeranong, ACT

Tuggeranong, ACT

1.14

Woden, ACT

Lyons, ACT

 


 

Schedule 3

Item 1: Locations - Designated ACTEW Corporation Communications Infrastructure

Sub-item

Location A

Location B

1.1

Duffy, ACT

Stromlo, ACT

1.2

Stromlo, ACT

Stromlo, ACT