TELECOMMUNICATIONS ACT 1997 - SECT 7 Definitions

Commonwealth Consolidated Acts

[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

TELECOMMUNICATIONS ACT 1997 - SECT 7

Definitions

In this Act, unless the contrary intention appears:

ACCC means the Australian Competition and Consumer Commission.

"ACCC official" means a Commission official within the meaning of section 155AAA of the Trade Practices Act 1974 .

"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

(d) Part XIC of the Trade Practices Act 1974 ; or

(e) any other provision of the Trade Practices Act 1974 , 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 official" has the same meaning as in the Australian Communications and Media Authority Act 2005 .

"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

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

(d) Part XIC of the Trade Practices Act 1974 ; 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.

"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 information officer" has the meaning given by section 531B.

"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 .

"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) subsection 68(1); or

(b) subsection 68(2); or

(d) subsection 101(2); or

(e) subsection 121(2); or

(f) subsection 121(3); or

(g) subsection 128(1); or

(h) subsection 128(2); or

(ha) subsection 531K(1); or

(hb) subsection 531K(3); or

(hc) subsection 531P(3); or

(hd) subsection 531P(4); or

(i) subsection 139(1); or

(j) subsection 139(2); or

(i) subsection 295S(3); or

(k) subsection 148(1) of the Telecommunications (Consumer Protection and Service Standards) Act 1999 ; or

(l) subsection 148(3) of the Telecommunications (Consumer Protection and Service Standards) Act 1999 ; or

(m) subsection 158B(1) of the Telecommunications (Consumer Protection and Service Standards) Act 1999 ; or

(n) subsection 158B(4) of the Telecommunications (Consumer Protection and Service Standards) Act 1999 ; or

(o) subsection 158C(1) of the Telecommunications (Consumer Protection and Service Standards) Act 1999 ; or

(p) subsection 158D(3) of the Telecommunications (Consumer Protection and Service Standards) Act 1999 ; or

(q) subsection 158E(1) of the Telecommunications (Consumer Protection and Service Standards) Act 1999 .

"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

(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

(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 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;

(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 information" has the meaning given by section 531C.

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

"designated request for proposal notice" has the meaning given by section 531D.

"digital data service provider" has the same meaning as in the Telecommunications (Consumer Protection and Service Standards) Act 1999 .

"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.

"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

"e-marketing industry" means an industry that involves carrying on an e-marketing activity.

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

(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.

"entrusted company officer" has the meaning given by section 531B.

"entrusted public official" has the meaning given by section 531B.

"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.

"Federal Court" means the Federal Court of Australia.

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

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

"import" means import into Australia.

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

"levy" means levy imposed by the Telecommunications (Universal Service Levy) Act 1997 .

"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.

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

"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.

"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.

"protected carrier information" has the meaning given by section 531B.

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

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

"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.

"restricted recipients rules" means rules made under section 531N.

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

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

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

"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 .

"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

(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 .

"universal service provider" 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.

[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Previous] [Next] [Download] [Help]