Commonwealth Numbered Acts

TELECOMMUNICATIONS ACT 1997 No. 47 of 1997 - SECT 14

Controlled carriage services

(1) For the purposes of this Act, if:

   (a)  a carrier or carriage service provider supplies, or proposes to
        supply, a carriage service; and

   (b)  the carriage service involves, or will involve, the use of a
        controlled network, or a controlled facility, of the carrier or of the
        provider, as the case may be; the carriage service is a controlled
        carriage service of the carrier or the provider, as the case may be.

Controlled networks

(2) For the purposes of this Act, if:

   (a)  a carrier or carriage service provider operates a telecommunications
        network; and

   (b)  the network satisfies the geographical test set out in subsection (4);
        the network is a controlled network of the carrier or the provider, as
        the case may be.

Controlled facilities

(3) For the purposes of this Act, if:

   (a)  a carrier or carriage service provider operates a facility; and

   (b)  the facility satisfies the geographical test set out in subsection
        (4); the facility is a controlled facility of the carrier or provider,
        as the case may be.

Geographical test

(4) For the purposes of this section, a telecommunications network, or a
facility, satisfies the geographical test if:

   (a)  the whole or any part of the network or facility, as the case
        requires, is, or will be, located in Australia; or

   (b)  all of the following conditions are satisfied:

        (i)    a person, or a group of persons, operates the network or the
               facility, as the case requires;

        (ii)   the person, or at least one of the members of the group,
               carries on, or will carry on, a telecommunications-related
               business wholly or partly in Australia;

        (iii)  the network, or the facility, as the case requires, is used, or
               will be used, to supply a listed carriage service, or a service
               that is ancillary or incidental to such a service.

Definition

(5) In this section:
telecommunications-related business means a business that consists of, or
includes:

   (a)  supplying a carriage service; or

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

   (c)  supplying a content service; or

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

        (i)    a telecommunications network; or

        (ii)   a facility.