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TELECOMMUNICATIONS ACT 1997 - SECT 27 Multiple line links connecting distinct places in Australia

TELECOMMUNICATIONS ACT 1997 - SECT 27

Multiple line links connecting distinct places in Australia

  (1)   If:

  (a)   the same person owns, or the same persons own, 2 or more line links; and

  (b)   each of those line links connects distinct places in Australia; and

  (c)   the aggregate of the distances between the distinct places is more than the statutory distance;

each of those line links is a network unit .

Note:   Statutory distance is defined by subsection   (3).

  (2)   If:

  (a)   the following conditions are satisfied in relation to 2 or more line links:

  (i)   the owners of the line links are bodies corporate;

  (ii)   the owners of the line links are all members of the same related company group; and

  (b)   each of those line links connects distinct places in Australia; and

  (c)   the aggregate of the distances between the distinct places is more than the statutory distance;

each of those line links is a network unit .

Note:   Statutory distance is defined by subsection   (3).

  (3)   For the purposes of this section, the statutory distance is:

  (a)   5 kilometres; or

  (b)   if a longer distance, not exceeding 500 kilometres, is specified in the regulations--that longer distance.

  (4)   In this section:

"owner" means legal or beneficial owner, and own has a corresponding meaning.

"related company group" means a group of 2 or more bodies corporate, where each member of the group is related to each other member of the group.

  (5)   For the purposes of this section, the question whether a body corporate is related to another body corporate is to be determined in the same manner as that question is determined under the Corporations Act 2001 .

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