Commonwealth Consolidated Acts

TELECOMMUNICATIONS ACT 1997 - SECT 44

             (1)  This section sets out the circumstances in which a network unit is taken, for the purposes of section 42, to be used to supply a carriage service to the public.

             (2)  If:

                     (a)  there is only one owner of a network unit; and

                     (b)  no nominated carrier declaration is in force in relation to the unit; and

                     (c)  any of the following conditions is satisfied:

                              (i)  the unit is used for the carriage of communications between 2 end-users, where each end-user is outside the immediate circle of the owner of the unit;

                             (ii)  the unit is used to supply point-to-multipoint services to end-users, where at least one end-user is outside the immediate circle of the owner of the unit;

                            (iii)  the unit is used to supply designated content services (other than point-to-multipoint services) to one or more end-users, where at least one end-user is outside the immediate circle of the owner of the unit;

the unit is used to supply a carriage service to the public.

             (3)  If:

                     (a)  there are 2 or more owners of a network unit; and

                     (b)  no nominated carrier declaration is in force in relation to the unit; and

                     (c)  any of the following conditions is satisfied:

                              (i)  the unit is used for the carriage of communications between 2 end-users, where each end-user is outside the overlap of the immediate circles of the owners of the unit;

                             (ii)  the unit is used to supply point-to-multipoint services to end-users, where at least one end-user is outside the overlap of the immediate circles of the owners of the unit;

                            (iii)  the unit is used to supply designated content services (other than point-to-multipoint services) to one or more end-users, where at least one end-user is outside the overlap of the immediate circles of the owners of the unit;

the unit is used to supply a carriage service to the public.

             (4)  If:

                     (a)  a nominated carrier declaration is in force in relation to a network unit; and

                     (b)  any of the following conditions is satisfied:

                              (i)  the unit is used for the carriage of communications between 2 end-users, where each end-user is outside the immediate circle of the nominated carrier in relation to the unit;

                             (ii)  the unit is used to supply point-to-multipoint services to end-users, where at least one end-user is outside the immediate circle of the nominated carrier in relation to the unit;

                            (iii)  the unit is used to supply designated content services (other than point-to-multipoint services) to one or more end-users, where at least one end-user is outside the immediate circle of the nominated carrier in relation to the unit;

the unit is used to supply a carriage service to the public.

             (5)  For the purposes of this section, a person is outside the overlap of the immediate circles of the owners of a network unit unless the person is:

                     (a)  within the immediate circles of each of the owners of the unit; or

                     (b)  the owner, or one of the owners, of the unit.

             (6)  For the purposes of this section, a designated content service is a content service of a kind specified in a written determination made by the Minister.

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