TELECOMMUNICATIONS AND POSTAL SERVICES (TRANSITIONAL PROVISIONS AND CONSEQUENTIAL AMENDMENTS) ACT 1989No. 63, 1989 - SECT 38 Interpretation

TELECOMMUNICATIONS AND POSTAL SERVICES (TRANSITIONAL PROVISIONS AND CONSEQUENTIAL AMENDMENTS) ACT 1989No. 63, 1989 - SECT 38

38. Section 5 of the Principal Act is amended:
(a) by omitting from the definition of "employee of the Corporation" in
subsection (1) "under section 12 of the Postal Services Act 1975" and
substituting "between the Corporation and the Australian Postal Corporation";
(b) by omitting from the definition of "subscriber" in subsection (1) "is
authorized by the Corporation to rent, provide or use" and substituting "rents
or uses";
(c) by omitting from subsection (1) the definitions of "communication",

"Managing Director", "telecommunications service" and "telecommunications
system" and substituting respectively the following definitions:

" 'communication' includes conversation and a message, and any part of a
conversation or message, whether:

   (a)  in the form of:

        (i)    speech, music or other sounds;

        (ii)   data;

        (iii)  text;

        (iv)   visual images, whether or not animated; or

        (v)    signals; or

   (b)  in any other form or in any combination of forms;
'Managing Director' means:

   (a)  in relation to the Corporation-the Managing Director of the
        Corporation;

   (b)  in relation to OTC Limited-the chief executive officer (however
        described) of OTC Limited; and

   (c)  in relation to AUSSAT Pty Ltd-the chief executive officer (however
        described) of AUSSAT Pty Ltd;
'telecommunications service' means a telecommunications service, within the
meaning of the Telecommunications Act 1989, that is within Australia, being a
service the use of which enables communications to be carried over a
telecommunications system operated by a carrier;
'telecommunications system' means:

   (a)  a telecommunications network that is within Australia; or

   (b)  a telecommunications network that is partly within Australia, but only
        to the extent that the network is within Australia;
and includes equipment, a line or other facility that is connected to such a
network and is within Australia;";

   (d)  by inserting in subsection (1) the following definitions:

" 'carrier' means the Corporation, OTC Limited or AUSSAT Pty Ltd;
'carry' includes transmit, switch and receive;
'earth-based facility' means a facility other than a satellite-based facility;
'equipment' has the same meaning as in the Telecommunications Act 1989;
'facility' has the same meaning as in the Telecommunications Act 1989;
'line' has the same meaning as in the Telecommunications Act 1989;
'maintain' includes adjust and repair;
'passing over' includes being carried;
'satellite-based facility' means a facility in a satellite;
'telecommunications network' has the same meaning as in the
Telecommunications Act 1989;";

   (e)  by omitting from subsection (2) "the Corporation" (first occurring)
        and substituting "a carrier";

   (f)  by omitting from subsection (2) "Corporation" (second and third
        occurring) and substituting "carrier";

   (g)  by inserting after subsection (2) the following subsection:

"(3) For the purposes of this Act, equipment, or a line or other facility, is
connected to a telecommunications network if the equipment, line or other
facility is, for the purposes of the Telecommunications Act 1989, connected to
that network.";

   (h)  by adding at the end the following subsection:

"(5) For the purposes of the definition of 'telecommunications system' in
subsection (1), a telecommunications network shall be taken to be within
Australia to the extent that the network is used for the purpose of carrying
communications:

   (a)  over an earth-based facility within Australia, or between earth-based
        facilities within Australia;

   (b)  from an earth-based facility within Australia to a satellite-based
        facility, but only to the extent that the next earth-based facility to
        which the communications will be carried is an earth-based facility
        within Australia;

   (c)  from a satellite-based facility to an earth-based facility within
        Australia, but only to the extent that the last earth-based facility
        from which the communications were carried was an earth-based facility
        within Australia; and

   (d)  over a satellite-based facility, or between satellite-based
        facilities, but only to the extent that:

        (i)    the last earth-based facility from which the communications
               were carried was an earth-based facility within Australia; and

        (ii)   the next earth-based facility to which the communications will
               be carried is an earth-based facility within Australia;
whether or not the communications originated in Australia, and whether or not
the final destination of the communications is within Australia.".