A telecommunications carrier's maintenance power under cl 7 of Schedule 3 of the Telecommunications Act 1997 (Cth) does not authorise the carrier to appropriate and remove structures it does not own or have rights over. The definition of 'facility' in s 7 is confined to things purpose-built or inherently dedicated for use in telecommunications networks; existing non-purpose-built structures (such as light poles, bridges, or buildings) upon which facilities are placed do not themselves become 'facilities'. The maintenance power in Division 4 cannot be used to circumvent the installation permit requirements in Division 3.
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