Commonwealth Numbered Acts

TELECOMMUNICATIONS ACT 1997 No. 47 of 1997 - SECT 34

(1) For the purposes of this Act, a base station is part of a terrestrial
radiocommunications customer access network if, and only if:

   (a)  the base station is part of a telecommunications network; and

   (b)  the base station is not an exempt base station (as defined by
        subsection (2)); and

   (c)  the base station is used, or for use, in connection with the supply of
        a carriage service; and

   (d)  customer equipment used for or in relation to the supply of the
        service is not in physical contact with any part of the
        telecommunications network by means of which the service is supplied;
        and

   (e)  the service is wholly or principally used, or wholly or principally
        for use, by each end-user:

        (i)    at premises occupied or used by the end-user; or

        (ii)   in the immediate vicinity of those premises; and

   (f)  the network does not have intercell hand-over functions; and

   (g)  the conditions (if any) specified in the regulations are satisfied;
        and

   (h)  the network is not an exempt network (as defined by subsection (3)).

(2) For the purposes of paragraph (1)(b), a base station is an exempt base
station if the sole use of the base station is use by a broadcaster to:

   (a)  supply broadcasting services to the public; or

   (b)  supply a secondary carriage service by means of the main carrier
        signal of a primary broadcasting service; or both.

(3) For the purposes of paragraph (1)(h), a network is an exempt network if:

   (a)  the network is used, or for use, for the sole purpose of supplying
        carriage services on a non-commercial basis; or

   (b)  the network is of a kind specified in the regulations.

(4) In this section:
broadcaster means:

   (a)  the Australian Broadcasting Corporation; or

   (b)  the Special Broadcasting Service Corporation; or

   (c)  the holder of a licence under the Broadcasting Services Act  1992; or

   (d)  a person who provides a broadcasting service under a class licence
        under the Broadcasting Services Act 1992.