Commonwealth Numbered Acts

TELECOMMUNICATIONS ACT 1997 No. 47 of 1997 - SECT 47

(1) Section 42 does not apply to a network unit if the sole use of the unit is
use by Airservices Australia to carry communications necessary or desirable
for the workings of aviation services.

(2) Section 42 does not apply to a network unit if the sole use of the unit is
use by the Australian National Railways Commission to carry communications
necessary or desirable for the workings of train services.

(3) Section 42 does not apply to a network unit if the sole use of the unit is
use by a State or Territory transport authority to carry communications
necessary or desirable for the workings of any or all of the following
services:

   (a)  train services of a kind provided by the authority;

   (b)  bus or other road services of a kind provided by the authority;

   (c)  tram services of a kind provided by the authority.

(4) Section 42 does not apply to a network unit if the sole use of the unit is
use by a rail corporation to carry communications necessary or desirable for
the workings of train services.

(5) Section 42 does not apply to a network unit if:

   (a)  the principal use of the unit is use by Airservices Australia to carry
        communications necessary or desirable for the workings of aviation
        services; 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.

(6) Section 42 does not apply to a network unit if:

   (a)  the principal use of the unit is use by the Australian National
        Railways Commission to carry communications necessary or desirable for
        the workings of train services; 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.

(7) Section 42 does not apply to a network unit if:

   (a)  the principal use of the unit is use by a State or Territory transport
        authority to carry communications necessary or desirable for the
        workings of any or all of the following services:

        (i)    train services of a kind provided by the authority;

        (ii)   bus or other road services of a kind provided by the authority;

        (iii)  tram services of a kind provided by the authority; 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.

(8) Section 42 does not apply to a network unit if:

   (a)  the principal use of the unit is use by a rail corporation to carry
        communications necessary or desirable for the workings of train
        services; 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.

(9) In this section:
rail corporation means a body corporate that manages or operates either or
both of the following:

   (a)  rail transport services;

   (b)  rail transport infrastructure.