Commonwealth Numbered Acts

TELECOMMUNICATIONS ACT 1989No. 53, 1989 - SECT 39

39. Sections 37 and 38 do not apply in relation to:

   (a)  a telecommunications network so far as the network is operated, or
        intended to be operated, solely by means of radiocommunication;

   (b)  a telecommunications network operated, or intended to be operated, by
        the Australian National Railways Commission or a State or Territory
        transport authority solely for carrying communications necessary or
        desirable for the workings of train, bus or tram services for which
        the Commission or authority is responsible;

   (c)  a telecommunications network operated, or intended to be operated, by
        the Australian Broadcasting Corporation, the Special Broadcasting
        Service, or the holder of a licence or permit under the Broadcasting
        Act 1942, solely for supplying broadcasting or television services by
        the Corporation, Service or holder to members of the public;

   (d)  a telecommunications network operated, or intended to be operated, by
        a person if the network:

        (i)    is only capable of being used for carrying communications on
               land or within premises owned or occupied by the person; and

        (ii)   is, or is intended to be, used solely for the person's own
               purposes; or

   (e)  a telecommunications network so far as the network is operated by
        means of facilities in relation to which an authorisation was in force
        under paragraph 13 (1) (a) of the Telecommunications Act 1975
        immediately before the repeal of that Act.