NATIONAL BROADBAND NETWORK COMPANIES ACT 2011 (NO. 22, 2011) - SECT 5 Definitions
NATIONAL BROADBAND NETWORK COMPANIES ACT 2011 (NO. 22, 2011) - SECT 5
DefinitionsIn this Act:
"ACCC" means the Australian Competition and Consumer Commission.
"Australia" , when used in a geographical sense, includes the external Territories.
"authority" includes the following:
(a) a Department of the government of the Commonwealth;
(b) a Department of the government of a State;
(c) a Department of the government of a Territory.
"bank" has the same meaning as in the Financial Management and Accountability Act 1997 .
"Board" means the board of directors of NBN Co.
"business unit" , in relation to an NBN corporation, means a part of the NBN corporation.
"carriage service" has the same meaning as in the Telecommunications Act 1997 .
"carrier" has the same meaning as in the Telecommunications Act 1997 .
"carrier licence" has the same meaning as in the Telecommunications Act 1997 .
"carry" has the same meaning as in the Telecommunications Act 1997 .
"charge" has the same meaning as in the Corporations Act 2001 .
"Commonwealth ownership provisions" means sections 45 and 46.
"communications" has the same meaning as in the Telecommunications Act 1997 .
"Communications Minister" means the Minister who administers this Act.
"constitution" , in relation to NBN Co, has the same meaning as in the Corporations Act 2001 .
"constitutional corporation" means a corporation to which paragraph 51(xx) of the Constitution applies.
"content service" has the same meaning as in the Telecommunications Act 1997 .
"debenture" has the same meaning as in the Corporations Act 2001 .
"declared pre-termination period" has the meaning given by section 48.
"declared sale deferral period" has the meaning given by section 50.
"declared service" has the same meaning as in Part XIC of the Competition and Consumer Act 2010 .
"Department of Finance" means the Department administered by the Finance Minister.
"draft functional separation undertaking" means a draft functional separation undertaking under Division 3 of Part 2.
"electricity supply body" means an authority, or a body corporate, that carries on a business, or performs a function, of:
(a) generating, transmitting, distributing or supplying electricity; or
(b) managing the generation, transmission, distribution or supply of electricity.
"eligible service" has the same meaning as in section 152AL of the Competition and Consumer Act 2010 .
(a) do an act; or
(b) omit to perform an act.
"Federal Court" means the Federal Court of Australia.
"final functional separation undertaking" means a final functional separation undertaking under Division 3 of Part 2.
"Finance Minister" means the Minister who administers the Financial Management and Accountability Act 1997 .
"financial product" has the same meaning as in Chapter 7 of the Corporations Act 2001 .
"functional" includes organisational.
"functional separation principles" has the meaning given by subsection 24(1).
"functional separation requirements determination" means a determination under subsection 25(1).
"gas supply body" means an authority, or a body corporate, that carries on a business, or performs a function, of:
(a) transmitting, distributing or supplying natural gas; or
(b) managing the transmission, distribution or supply of natural gas.
"hybrid-security issuer company" has the meaning given by section 54.
"intellectual property rights" includes rights associated with:
(a) a patent; or
(b) copyright; or
(c) a design; or
(d) a trade secret; or
(e) know-how.
"listed carriage service" has the same meaning as in the Telecommunications Act 1997 .
"listed disclosing entity" has the same meaning as in the Corporations Act 2001 .
"listing market" , in relation to a listed disclosing entity, has the same meaning as in the Corporations Act 2001 .
"listing rules" of a market has the same meaning as in the Corporations Act 2001 .
"national broadband network" means a national telecommunications network for the high-speed carriage of communications, where an NBN corporation has been, is, or is to be, involved in the creation or development of the network. To avoid doubt, it is immaterial whether the creation or development of the network is, to any extent, attributable to:
(a) the acquisition of assets that were used, or for use, in connection with another telecommunications network; or
(b) the obtaining of access to assets that are also used, or for use, in connection with another telecommunications network.
"NBN Co" means NBN Co Limited (ACN 136 533 741), as the company exists from time to time (even if its name is later changed).
"NBN corporation" has the meaning given by clause 1 of Schedule 1.
"NBN Co sale scheme" has the meaning given by section 54.
"NBN Tasmania" means NBN Tasmania Limited (ACN 138 338 271 ), as the company exists from time to time (even if its name is later changed).
"non-communications service" means a service other than:
(a) an eligible service; or
(b) a content service; or
(c) a service that is ancillary or incidental to the supply by an NBN corporation of an eligible service; or
(d) an advisory or consulting service that relates to:
(i) the supply of an eligible service; or
(ii) goods for use in connection with the supply of an eligible service; or
(iii) facilities (within the meaning of the Telecommunications Act 1997 ); or
(e) the provision, grant or conferral (whether by way of a licence or otherwise) of intellectual property rights that relate to:
(i) the supply of an eligible service; or
(ii) goods for use in connection with the supply of an eligible service; or
(iii) facilities (within the meaning of the Telecommunications Act 1997 ).
"Parliamentary Joint Committee on the Ownership of NBN Co" means the Parliamentary Joint Committee on the Ownership of NBN Co constituted under Schedule 2.
"Productivity Minister" means the Minister administering the Productivity Commission Act 1998 .
"rail corporation" means a body corporate that manages or operates either or both of the following:
(a) rail transport services;
(b) rail transport infrastructure.
"retail carriage service provider" means a carriage service provider who supplies a listed carriage service to another person who is neither:
(a) a carrier; nor
(b) a service provider.
"sale-scheme hybrid security" has the meaning given by section 55.
"sale-scheme trust deed" has the meaning given by section 54.
"sale-scheme trustee" has the meaning given by section 54.
"securities" (except in section 55) includes:
(a) shares; and
(b) debentures.
"service provider" has the same meaning as in the Telecommunications Act 1997 .
"sewerage services body" means an authority, or a body corporate, that carries on a business, or performs a function, of supplying sewerage services.
"State or Territory road authority" means an authority that has responsibility for the management, regulation or control of motor traffic in a State or Territory.
"storm water drainage services" means services that consist of draining storm water.
"storm water drainage services body" means an authority, or a body corporate, that carries on a business, or performs a function, of supplying storm water drainage services.
"telecommunications market" has the same meaning as in Part XIB of the Competition and Consumer Act 2010 .
"telecommunications network" has the same meaning as in the Telecommunications Act 1997 .
"unacceptable private ownership or control situation" has the meaning given by section 69.
"voting share" has the same meaning as in the Corporations Act 2001 .
"water supply body" means an authority, or a body corporate, that carries on a business, or performs a function, of supplying water.