Commonwealth Numbered Acts

TELECOMMUNICATIONS ACT 1997 No. 47 of 1997 - SECT 22

(1) For the purposes of sections 20 and 21, the boundary of a
telecommunications network is to be ascertained in accordance with the
regulations.

(2) Regulations made for the purposes of subsection (1) may deal with a matter
by reference to any or all of the following:

   (a)  the terms of an agreement between 2 or more carriers, where the
        agreement is entered into for the purposes of those regulations;

   (b)  the terms of an agreement between 2 or more carriage service
        providers, where the agreement is entered into for the purposes of
        those regulations;

   (c)  the terms of an agreement between a carrier and a carriage service
        provider, where the agreement is entered into for the purposes of
        those regulations;

   (d)  the terms of an agreement between a carrier and a customer of the
        carrier, where the agreement is entered into for the purposes of those
        regulations;

   (e)  the terms of an agreement between a carriage service provider and a
        customer of the provider, where the agreement is entered into for the
        purposes of those regulations.

(3) Subsection (2) does not, by implication, limit subsection (1).

(4) If no regulations are in force for the purposes of subsection (1), then,
for the purposes of sections 20 and 21, the boundary of a telecommunications
network is:

   (a)  in a case where a telecommunications network is used to supply a
        carriage service to an end-user in a building by means of a line that
        enters the building-the point agreed between the customer and the
        carrier or carriage service provider who operates the
        telecommunications network, or, failing agreement:

        (i)    if there is a main distribution frame in the building and the
               line is connected to the frame-the side of the frame nearest to
               the end-user; or

        (ii)   if subparagraph (i) does not apply but the line is connected to
               a network termination device located in, on or within close
               proximity to, the building-the side of the device nearest to
               the end- user; or

        (iii)  if neither subparagraph (i) nor (ii) applies but the line is
               connected to one or more sockets in the building-the side
               nearest to the end-user of the first socket after the building
               entry point; or

   (b)  in a case where a telecommunications network is used to supply a
        carriage service to an end-user by means of a satellite-based facility
        that transmits to, or receives transmissions from, the point where the
        end user is located-the outer surface of the satellite-based facility;
        or

   (c)  in a case where:

        (i)    a telecommunications network is used to supply a carriage
               service to an end-user; and

        (ii)   paragraphs (a) and (b) do not apply; the outer surface of the
               fixed facility nearest to the end-user, where the facility is
               used, installed ready for use or intended for use to supply the
               carriage service.

(5) If, immediately before 1 July 1997, the boundary of a telecommunications
network used to supply a standard telephone service to an end-user in a
building by means of a line that enters the building is the side of a main
distribution frame, or a telephone socket, nearest to the end-user, paragraph
(4)(a) has effect, on and after 1 July 1997, as if the customer and the
carrier or carriage service provider who operates the network had agreed to
the boundary at that point.

(6) Subsection (5) does not prevent the customer and the carrier or carriage
service provider agreeing to a boundary at a different point.

(7) For the purposes of subsection (4), the building entry point is the point
at which a line that is used to provide a carriage service to an end-user in a
building meets the outer surface of that building, immediately before entering
the building.

(8) In this section:
building includes a structure, a caravan and a mobile home.