TELECOMMUNICATIONS ACT 1997 - SECT 31 Designated radiocommunications facility

TELECOMMUNICATIONS ACT 1997 - SECT 31

  (1)   A reference in this Act to a designated radiocommunications facility is a reference to:

  (a)   a base station used, or for use, to supply a public mobile telecommunications service; or

  (b)   a base station that is part of a terrestrial radiocommunications customer access network; or

  (c)   a fixed radiocommunications link; or

  (d)   a satellite - based facility; or

  (e)   a radiocommunications transmitter of a kind specified in a determination under subsection   (2); or

  (f)   a radiocommunications receiver of a kind specified in a determination under subsection   (3);

but does not include a reference to:

  (g)   a base station of a kind declared under subsection   (5) to be exempt from this section; or

  (h)   a fixed radiocommunications link of a kind declared under subsection   (5) to be exempt from this section; or

  (i)   a satellite - based facility of a kind declared under subsection   (5) to be exempt from this section.

Note 1:   Public mobile telecommunications service is defined by section   32.

Note 2:   Base station that is part of a terrestrial radiocommunications customer access network is defined by section   34.

Note 3:   Fixed radiocommunications link is defined by section   35.

Note 4:   Satellite - based facility is defined by section   7.

  (2)   The Minister may, by legislative instrument, make a determination for the purposes of paragraph   (1)(e).

  (3)   The Minister may, by legislative instrument, make a determination for the purposes of paragraph   (1)(f).

  (5)   The Minister may, by legislative instrument, make a declaration for the purposes of paragraph   (1)(g), (h) or (i).

  (7)   To avoid doubt, nothing in the other provisions of this Part   limits a power conferred by subsection   (2), (3) or (5).