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TELECOMMUNICATIONS ACT 1997 - SECT 7

Definitions

                   In this Act, unless the contrary intention appears:

"ACCC " means the Australian Competition and Consumer Commission.

"ACCC's telecommunications functions and powers " means the functions and powers conferred on the ACCC by or under:

                     (a)  this Act; or

                     (b)  the Telecommunications (Consumer Protection and Service Standards) Act 1999 ; or

                   (ba)  the National Broadband Network Companies Act 2011 ; or

                     (c)  Part XIB of the Competition and Consumer Act 2010 ; or

                     (d)  Part XIC of the Competition and Consumer Act 2010 ; or

                     (e)  any other provision of the Competition and Consumer Act 2010 , in so far as that provision applies to a matter connected with telecommunications.

For this purpose, telecommunications means the carriage of communications by means of guided and/or unguided electromagnetic energy.

"access " , in relation to an emergency call service, has a meaning affected by section 18.

"ACMA " means the Australian Communications and Media Authority.

"ACMA's telecommunications functions " means the functions that are telecommunications functions, in relation to the ACMA, for the purposes of the Australian Communications and Media Authority Act 2005 .

"ACMA's telecommunications powers " means the powers conferred on the ACMA by:

                     (a)  this Act; or

                     (b)  the Telecommunications (Consumer Protection and Service Standards) Act 1999 ; or

                   (ba)  Chapter 4 or 5 of the Telecommunications (Interception and Access) Act 1979 ; or

                     (c)  the Spam Act 2003 ; or

                    (ca)  the Do Not Call Register Act 2006 ; or

                     (d)  Part XIC of the Competition and Consumer Act 2010 ; or

                     (e)  section 12 of the Australian Communications and Media Authority Act 2005 , in so far as that section relates to the ACMA's telecommunications functions.

"ACNC type of entity " means an entity that meets the description of a type of entity in column 1 of the table in subsection 25-5(5) of the Australian Charities and Not-for-profits Commission Act 2012 .

"aircraft " includes a balloon.

"Australia " , when used in a geographical sense, includes the eligible Territories.

"Australian number " has the same meaning as in the Do Not Call Register Act 2006 .

"authorised infringement notice officer " means:

                     (a)  the Chair of the ACMA; or

                     (b)  a member of the staff of the ACMA appointed under section 572L.

"base station that is part of a terrestrial radiocommunications customer access network" has the meaning given by section 34.

"broadcasting service " has the same meaning as in the Broadcasting Services Act 1992 .

"building lot " has the meaning given by section 372Q.

"building unit " has the meaning given by section 372S.

"cabling licence " means a licence granted under section 427.

"carriage service " means a service for carrying communications by means of guided and/or unguided electromagnetic energy.

"carriage service intermediary " means a person who is a carriage service provider under subsection 87(5).

"carriage service provider " has the meaning given by section 87.

"carrier " means the holder of a carrier licence.

"carrier licence " means a licence granted under section 56.

"carry " includes transmit, switch and receive.

"civil penalty provision " means:

                     (a)  a provision of this Act that is declared by this Act to be a civil penalty provision; or

                     (b)  a provision of the Telecommunications (Consumer Protection and Service Standards) Act 1999 that is declared by that Act to be a civil penalty provision; or

                     (c)  a provision of the Telecommunications (Interception and Access) Act 1979 that is declared by that Act to be a civil penalty provision for the purposes of this Act.

"commercial electronic message " has the same meaning as in the Spam Act 2003 .

"communications " includes any communication:

                     (a)  whether between persons and persons, things and things or persons and things; and

                     (b)  whether in the form of speech, music or other sounds; and

                     (c)  whether in the form of data; and

                     (d)  whether in the form of text; and

                     (e)  whether in the form of visual images (animated or otherwise); and

                      (f)  whether in the form of signals; and

                     (g)  whether in any other form; and

                     (h)  whether in any combination of forms.

"Communications Access Co-ordinator " has the meaning given by section 6R of the Telecommunications (Interception and Access) Act 1979 .

"connected " , in relation to:

                     (a)  a telecommunications network; or

                     (b)  a facility; or

                     (c)  customer cabling; or

                     (d)  customer equipment;

includes connection otherwise than by means of physical contact, for example, a connection by means of radiocommunication.

"connection permit " means a permit issued under section 394.

"constitutional corporation " means a corporation to which paragraph 51(xx) of the Constitution applies.

"content service " has the meaning given by section 15.

"content service provider " has the meaning given by section 97.

"controlled carriage service " has the meaning given by section 14.

"controlled facility " has the meaning given by section 14.

"controlled network " has the meaning given by section 14.

"customer cabling " has the meaning given by section 20.

"customer equipment " has the meaning given by section 21.

"data processing device " means any article or material (for example, a disk) from which information is capable of being reproduced, with or without the aid of any other article or device.

"Defence Department " means the Department of State that deals with defence and that is administered by the Minister administering section 1 of the Defence Act 1903 .

"defence purposes " means any one or more of the following:

                     (a)  the operation of command or control systems;

                     (b)  the operation, direction or use of a defence organisation;

                     (c)  the operation of intelligence systems;

                     (d)  the collection or dissemination of information relevant to the security or defence of:

                              (i)  the Commonwealth; or

                             (ii)  a foreign country that is allied or associated with the Commonwealth;

                     (e)  the operation or control of weapons systems, including any thing that, by itself or together with any other thing or things, is intended for defensive or offensive use in combat;

                      (f)  any other matter specified in the regulations.

"designated part of the spectrum " has the meaning given by section 577H.

"designated radiocommunications facility " has the meaning given by section 31.

"directory assistance services " means services that are:

                     (a)  provided to an end-user of a standard telephone service to help the end-user find the number of another end-user of a standard telephone service; and

                     (b)  provided by an operator or by means of:

                              (i)  an automated voice response system; or

                             (ii)  another technology-based system.

"distinct places " has the meaning given by section 36.

"draft functional separation undertaking " means a draft functional separation undertaking under Division 2 of Part 9 of Schedule 1.

"draft migration plan " means a draft migration plan under Subdivision B of Division 2 of Part 33.

"eligible partnership " means a partnership where each partner is a constitutional corporation.

"eligible Territory " means:

                     (a)  the Territory of Christmas Island; or

                     (b)  the Territory of Cocos (Keeling) Islands; or

                     (c)  an external Territory prescribed for the purposes of section 10.

"emergency call contractor " means a person who performs services for or on behalf of a recognised person who operates an emergency call service, but does not include a person who performs such services in the capacity of an employee of the person who operates the emergency call service.

Note:          Recognised person who operates an emergency call service is defined by section 19.

"emergency call person " means:

                     (a)  a recognised person who operates an emergency call service; or

                     (b)  an employee of such a person; or

                     (c)  an emergency call contractor; or

                     (d)  an employee of an emergency call contractor.

Note:          Recognised person who operates an emergency call service is defined by section 19.

"emergency call service " means a service for:

                     (a)  receiving and handling calls to an emergency service number; and

                     (b)  transferring such calls to:

                              (i)  a police force or service; or

                             (ii)  a fire service; or

                            (iii)  an ambulance service; or

                            (iv)  a service specified in the numbering plan for the purposes of this subparagraph; or

                             (v)  a service for despatching a force or service referred to in subparagraph (i), (ii), (iii) or (iv).

For the purposes of paragraph (b), transferring a call includes giving information in relation to the call for purposes connected with dealing with the matter or matters raised by the call.

"emergency service number " has the meaning given by section 466.

"exempt network-user " means:

                     (a)  a person:

                              (i)  who is entitled to use a network unit to supply a carriage service; and

                             (ii)  whose entitlement derives, directly or indirectly, from rights granted to a carrier; or

                     (b)  if:

                              (i)  a police force or service; or

                             (ii)  a fire service; or

                            (iii)  an ambulance service; or

                            (iv)  an emergency service specified in the regulations;

                            (the first force or service ) uses a network unit for the sole or principal purpose of enabling either or both of the following:

                             (v)  communication between the members of the first force or service;

                            (vi)  communication between the members of the first force or service and the members of another force or service, where the other force or service is of a kind covered by subparagraph (i), (ii), (iii) or (iv);

                            the first force or service.

For the purposes of paragraph (b), an employee of a force or service is taken to be a member of the force or service.

"facility " means:

                     (a)  any part of the infrastructure of a telecommunications network; or

                     (b)  any line, equipment, apparatus, tower, mast, antenna, tunnel, duct, hole, pit, pole or other structure or thing used, or for use, in or in connection with a telecommunications network.

"fax marketing industry " means an industry that involves carrying on a fax marketing activity (as defined by section 109C).

"Federal Court " means the Federal Court of Australia.

"fibre-ready facility " has the meaning given by section 372W.

"final functional separation undertaking " means a final functional separation undertaking under Division 2 of Part 9 of Schedule 1.

"final migration plan " means a final migration plan under Subdivision B of Division 2 of Part 33.

"Finance Minister " means the Minister administering the Public Governance, Performance and Accountability Act 2013 .

"fixed-line facility " has the meaning given by section 372V.

"fixed radiocommunications link " has the meaning given by section 35.

"hybrid fibre-coaxial network " means a telecommunications network:

                     (a)  that is for use for the transmission of any broadcasting service; and

                     (b)  that is also capable of being used to supply an internet carriage service; and

                     (c)  the line component of which consists of optical fibre to connecting nodes, supplemented by coaxial cable connections from the nodes to the premises of end-users.

"immediate circle " has the meaning given by section 23.

"import " means import into Australia.

"industry levy " means levy imposed by the Telecommunications (Industry Levy) Act 2012 .

"infringement notice " means an infringement notice under section 572E.

"inspector " has the meaning given by section 533.

"integrated public number database scheme " means the scheme in force under section 295A.

"intercell hand-over functions " has the meaning given by section 33.

"internet carriage service " means a carriage service that enables end-users to access the internet.

"internet service provider " has the same meaning as in Schedule 5 to the Broadcasting Services Act 1992 .

Layer 2 bitstream service means a carriage service that is:

                     (a)  either:

                              (i)  a Layer 2 Ethernet bitstream service; or

                             (ii)  a Layer 2 bitstream service specified in a legislative instrument made by the ACMA for the purposes of this subparagraph; and

                     (b)  a listed carriage service; and

                     (c)  supplied using a line to premises occupied or used by an end-user.

For this purpose, Layer 2 has the same meaning as in the Open System Interconnection (OSI) Reference Model for data exchange.

"line " means a wire, cable, optical fibre, tube, conduit, waveguide or other physical medium used, or for use, as a continuous artificial guide for or in connection with carrying communications by means of guided electromagnetic energy.

"line link " has the meaning given by section 30.

"listed carriage service " has the meaning given by section 16.

"marketing fax " means:

                     (a)  a marketing fax (within the meaning of the Do Not Call Register Act 2006 ) that is sent to an Australian number; or

                     (b)  a fax (within the meaning of the Do Not Call Register Act 2006 ) that is sent to an Australian number, where, having regard to:

                              (i)  the content of the fax; and

                             (ii)  the presentational aspects of the fax;

                            it would be concluded that the purpose, or one of the purposes, of the fax is:

                            (iii)  to conduct opinion polling; or

                            (iv)  to carry out standard questionnaire-based research.

"member " means a member of the ACMA (and does not include an associate member).

"NBN corporation " has the same meaning as in the National Broadband Network Companies Act 2011 . This definition does not apply to:

                     (a)  section 577BA; or

                     (b)  section 577BC; or

                     (c)  clause 17 of Schedule 1; or

                     (d)  Part 5 of Schedule 1.

"network unit " has the meaning given by Division 2 of Part 2.

"nominated carrier " means a carrier in respect of whom a nominated carrier declaration is in force.

"nominated carrier declaration " means a declaration under section 81.

"numbering plan " has the meaning given by section 455.

"optical fibre line " means a line that consists of, or encloses, optical fibre.

"owner " , in relation to a network unit, means a person who legally owns the unit (whether alone or together with one or more other persons).

"person " includes a partnership.

"point-to-multipoint service " means a carriage service which allows a person to transmit a communication to more than one end-user simultaneously.

"project area " for a real estate development project has the meaning given by section 372Q.

"public body " means:

                     (a)  the Commonwealth, a State or a Territory; or

                     (b)  an authority, or institution, of the Commonwealth, a State or a Territory; or

                     (c)  an incorporated company all the stock or shares in the capital of which is beneficially owned by one of the following:

                              (i)  the Commonwealth;

                             (ii)  a State;

                            (iii)  a Territory; or

                     (d)  an incorporated company limited by guarantee, where the interests and rights of the members in or in relation to the company are beneficially owned by one of the following:

                              (i)  the Commonwealth;

                             (ii)  a State;

                            (iii)  a Territory.

"public mobile telecommunications service " has the meaning given by section 32.

"radiocommunication " has the same meaning as in the Radiocommunications Act 1992 .

"radiocommunications device " has the same meaning as in the Radiocommunications Act 1992 .

"radiocommunications receiver " has the same meaning as in the Radiocommunications Act 1992 .

"radiocommunications transmitter " has the same meaning as in the Radiocommunications Act 1992 .

"real estate development project " has the meaning given by section 372Q.

"recognised person who operates an emergency call service " has the meaning given by section 19.

"recognised testing authority " has the meaning given by section 409.

"record-keeping rule " means a rule under section 529.

"registered charity " means an entity that is registered under the Australian Charities and Not-for-profits Commission Act 2012 as the type of entity mentioned in column 1 of item 1 of the table in subsection 25-5(5) of that Act.

"satellite-based facility " means a radiocommunications transmitter, or a radiocommunications receiver, in a satellite.

"sell " :

                     (a)  when used in relation to a building lot--has the meaning given by section 372T; or

                     (b)  when used in relation to a building unit--has the meaning given by section 372U.

"service provider " has the meaning given by section 86.

"service provider rules " has the meaning given by section 98.

"spectrum " has the same meaning as in the Radiocommunications Act 1992 .

"spectrum licence " has the same meaning as in the Radiocommunications Act 1992 .

"standard questionnaire-based research " means research that involves people being asked to answer one or more standard questions, but does not include:

                     (a)  opinion polling; or

                     (b)  research of a kind specified in the regulations.

"standard telephone service " has the meaning given by section 6 of the Telecommunications (Consumer Protection and Service Standards) Act 1999 .

"subdivision " of an area of land has a meaning affected by section 372R.

"subscription television broadcasting licence" has the same meaning as in the Broadcasting Services Act 1992 .

"telecommunications industry " includes an industry that involves:

                     (a)  carrying on business as a carrier; or

                     (b)  carrying on business as a carriage service provider; or

                     (c)  supplying goods or services for use in connection with the supply of a listed carriage service; or

                     (d)  supplying a content service using a listed carriage service; or

                     (e)  manufacturing or importing customer equipment or customer cabling; or

                      (f)  installing, maintaining, operating or providing access to:

                              (i)  a telecommunications network; or

                             (ii)  a facility;

                            used to supply a listed carriage service.

"Telecommunications Industry Ombudsman " has the same meaning as in the Telecommunications (Consumer Protection and Service Standards) Act 1999 .

"Telecommunications Industry Ombudsman scheme " has the same meaning as in the Telecommunications (Consumer Protection and Service Standards) Act 1999 .

"telecommunications network " means a system, or series of systems, that carries, or is capable of carrying, communications by means of guided and/or unguided electromagnetic energy.

"telemarketing call " means:

                     (a)  a telemarketing call (within the meaning of the Do Not Call Register Act 2006 ) that is made to an Australian number; or

                     (b)  a voice call (within the meaning of the Do Not Call Register Act 2006 ) that is made to an Australian number, where, having regard to:

                              (i)  the content of the call; and

                             (ii)  the presentational aspects of the call;

                            it would be concluded that the purpose, or one of the purposes, of the call is:

                            (iii)  to conduct opinion polling; or

                            (iv)  to carry out standard questionnaire-based research.

"telemarketing industry " means an industry that involves carrying on a telemarketing activity (as defined by section 109B).

"Telstra " has the same meaning as in the Telstra Corporation Act 1991 .

"this Act " includes the regulations.

"universal service obligation " has the same meaning as in the Telecommunications (Consumer Protection and Service Standards) Act 1999 .

"vessel " means a vessel or boat of any description, and includes:

                     (a)  an air-cushion vehicle; and

                     (b)  any floating structure.



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