Commonwealth Numbered Acts

TELECOMMUNICATIONS ACT 1997 No. 47 of 1997 - SECT 45

(1) If the sole use of a network unit is use by, or on behalf of, a defence
organisation to carry communications necessary or desirable for defence
purposes, section 42 does not apply to the unit.

(2) If:

   (a)  the principal use of a network unit is use by, or on behalf of, a
        defence organisation to carry communications necessary or desirable
        for defence purposes; and

   (b)  the remaining use of the unit is use by one or more carriers, or by
        one or more exempt network-users, to supply carriage services and/or
        content services; section 42 does not apply to the unit.

(3) In this section: defence organisation means:

   (a)  the Department of Defence; or

   (b)  the Australian Defence Force; or

   (c)  an organisation of a foreign country, so far as the organisation:

        (i)    has functions corresponding to functions of, or of a part of,
               the Department of Defence or the Australian Defence Force; and

        (ii)   is authorised by the Commonwealth to operate or train in
               Australia or an external Territory; or

   (d)  a part of such an organisation or body.