TELECOMMUNICATIONS ACT 1997 - SECT 14 Controlled carriage services, controlled networks and controlled facilities

TELECOMMUNICATIONS ACT 1997 - SECT 14

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 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.