TELECOMMUNICATIONS ACT 1975 No. 55 of 1975 - SECT 3 Interpretation.

TELECOMMUNICATIONS ACT 1975 No. 55 of 1975 - SECT 3

3. (1) In this Act, unless the contrary intention appears-

''approved bank'' means a bank approved by the Treasurer for the purposes of
the provision in which the expression occurs;

''article'' includes any substance or thing;

''authorized person'' means a person authorized by the Commission for the
purpose of the provision in which the expression occurs;

''Chairman'' means the Chairman of the Commission;

''Chief General Manager'' means the Chief General Manager of the Commission;

''commencing date'' means the date fixed by Proclamation under sub-section 2
(2) of the Postal Services Act 1975;

''Commission'' means the Australian Telecommunications Commission established
by this Act;

''Commissioner'' means the Managing Director or another Commissioner holding
office under section 22;

''convention'' means a convention to which Australia is a party or an
agreement or arrangement between Australia and another country or other
countries;

''Deputy Chairman'' means the Deputy Chairman of the Commission;

''employee'' means a person engaged by the Commission as a temporary employee
under section 42;

''line'' means wire, cable, tube, conduit, fibre, waveguide or other physical
medium used, or intended for use, in connexion with a
telecommunications service;

''Managing Director'' means the Managing Director of the Commission;

''officer'' means a person who is appointed to the Service under section 39 or
deemed to have been appointed to the Service under Part IV of the Transitional
Provisions Act;

''organization'' means an organization registered under the Conciliation and
Arbitration Act 1904-1974;

''part-time Commissioner'' means a Commissioner other than the Managing
Director;

''Service'' means the Australian Telecommunications Commission Service
established by section 38;

''telecommunications installation'' means-

   (a)  a line; or

   (b)  any equipment, apparatus, structure, tower, antenna, tunnel, manhole,
        pit or pole used, or intended for use, in connexion with a
        telecommunications service;

''telecommunications message'' means-

   (a)  a material record of a communication or information sent or delivered
        to the Commission for transmission over a telecommunications system;
        or

   (b)  a material record issued by the Commission as a record of a
        communication or information transmitted over such a
        telecommunications system;

''telecommunications service'' means-

   (a)  a service for transmitting, by means of electric or electro-magnetic
        energy-

        (i)    sounds, including speech and music;

        (ii)   visual images;

        (iii)  signals for the communication, whether as between persons and
               persons, things and things or persons and things, of any matter
               otherwise than in the form of sounds or visual images; or

        (iv)   signals for the actuation or control of machinery or apparatus;
               or

   (b)  a service for receiving any such sounds, images or signals that have
        been transmitted by means of electric or electro-magnetic energy;

''telecommunications system'' means a system controlled by the Commission in
connexion with the provision of a telecommunications service;

''Transitional Provisions Act'' means the Postal and Telecommunications 
Commissions (Transitional Provisions) Act 1975 ;

''Wireless Telegraphy Act'' means the Wireless Telegraphy Act 1905-1973.

(2) A reference in this Act to injurious interference from an electric line or
installation is a reference-

   (a)  to any impairment or potential impairment of the normal operation of a
        telecommunications system; and

   (b)  to any hazard or potential hazard to-

        (i)    a telecommunications system or a
               telecommunications installation;

        (ii)   officers and employees in the course of their duties; or

        (iii)  users of a telecommunications service provided by the
               Commission, which results, or may result, from the transmission
               of electricity over an electric line or through any apparatus
               connected to an electric line, from the use of electricity in,
               or in connexion with, any machinery, engines, meters, lamps,
               transformers, fittings, apparatus or works or from the
               generation or supply of electricity.

(3) In this Act, unless the contrary intention appears-

   (a)  a reference to a telecommunications service provided by the Commission
        includes a reference to a telecommunications service that was, prior
        to the commencing date, provided by the Postmaster-General and that
        is, on and after that date, maintained by the Commission;

   (b)  a reference to information includes a reference to music, to other
        sounds, to visual images and to signals referred to in subparagraphs
        (iii) and
(iv) of paragraph (a) of the definition of ''telecommunications service'' in
sub-section (1); and

   (c)  a reference to the original position-

        (i)    of a person who has been dismissed under section 58, 61 or 62
               or is to be deemed, under section 65, to have resigned; or

        (ii)   of an officer who has been transferred to another position
               under section 58, 61 or 62,

is a reference to the position held by that person or officer immediately
before the dismissal, resignation or transfer, as the case may be, or, if the
person or officer was then performing the duties of another position to which
he had been temporarily transferred under section 59, to the position held by
him immediately before that temporary transfer.

(4) Where a provision of this Act authorizes the Commission to enter upon, or
occupy, land or water for any purpose, the provision shall be read as also
authorizing an officer or employee, a person acting for or on behalf of the
Commission under a contract and an employee of such a person to enter upon the
land or waters for that purpose and with such vehicles or vessels as are
necessary for that purpose.