Commonwealth Consolidated Acts

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.