Commonwealth Numbered Acts

TELECOMMUNICATIONS ACT 1997 No. 47 of 1997 - SECT 88

(1) This section sets out the circumstances in which a carriage service is
taken, for the purposes of subsections 87(1), (2) and (3), to be supplied to
the public.

(2) If:

   (a)  a carriage service is used for the carriage of communications between
        2 end-users; and

   (b)  each end-user is outside the immediate circle of the supplier of the
        service; the service is supplied to the public.

(3) If:

   (a)  a carriage service is used to supply point-to-multipoint services to
        end-users; and

   (b)  at least one end-user is outside the immediate circle of the supplier
        of the service; the service is supplied to the public.

(4) If:

   (a)  a carriage service is used to supply designated content services
        (other than point-to-multipoint services) to end-users; and

   (b)  at least one end-user is outside the immediate circle of the supplier
        of the service; the service is supplied to the public.

(5) 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.

(6) A determination under subsection (5) is a disallowable instrument for the
purposes of section 46A of the Acts Interpretation  Act 1901.