Commonwealth Numbered Acts

TELECOMMUNICATIONS ACT 1997 No. 47 of 1997 - SECT 44

(1) This section sets out the circumstances in which a network unit is taken,
for the purposes of section 42, to be used to supply a carriage service to the
public.

(2) If:

   (a)  there is only one owner of a network unit; and

   (b)  no nominated carrier declaration is in force in relation to the unit;
        and

   (c)  any of the following conditions is satisfied:

        (i)    the unit is used for the carriage of communications between 2
               end-users, where each end-user is outside the immediate circle
               of the owner of the unit;

        (ii)   the unit is used to supply point-to-multipoint services to
               end-users, where at least one end-user is outside the immediate
               circle of the owner of the unit;

        (iii)  the unit is used to supply designated content services (other
               than point-to-multipoint services) to one or more end-users,
               where at least one end-user is outside the immediate circle of
               the owner of the unit; the unit is used to supply a carriage
               service to the public.

(3) If:

   (a)  there are 2 or more owners of a network unit; and

   (b)  no nominated carrier declaration is in force in relation to the unit;
        and

   (c)  any of the following conditions is satisfied:

        (i)    the unit is used for the carriage of communications between 2
               end-users, where each end-user is outside the overlap of the
               immediate circles of the owners of the unit;

        (ii)   the unit is used to supply point-to-multipoint services to
               end-users, where at least one end-user is outside the overlap
               of the immediate circles of the owners of the unit;

        (iii)  the unit is used to supply designated content services (other
               than point-to-multipoint services) to one or more end-users,
               where at least one end-user is outside the overlap of the
               immediate circles of the owners of the unit; the unit is used
               to supply a carriage service to the public.

(4) If:

   (a)  a nominated carrier declaration is in force in relation to a network
        unit; and

   (b)  any of the following conditions is satisfied:

        (i)    the unit is used for the carriage of communications between 2
               end-users, where each end-user is outside the immediate circle
               of the nominated carrier in relation to the unit;

        (ii)   the unit is used to supply point-to-multipoint services to
               end-users, where at least one end-user is outside the immediate
               circle of the nominated carrier in relation to the unit;

        (iii)  the unit is used to supply designated content services (other
               than point-to-multipoint services) to one or more end-users,
               where at least one end-user is outside the immediate circle of
               the nominated carrier in relation to the unit; the unit is used
               to supply a carriage service to the public.

(5) For the purposes of this section, a person is outside the overlap of the
immediate circles of the owners of a network unit unless the person is:

   (a)  within the immediate circles of each of the owners of the unit; or

   (b)  the owner, or one of the owners, of the unit.

(6) For the purposes of this section, a designated content service is a
content service of a kind specified in a written determination made by the
Minister.

(7) A determination under subsection (6) is a disallowable instrument for the
purposes of section 46A of the Acts Interpretation  Act 1901.