Anti‑avoidance—declared internet carriage services
23B Anti‑avoidance—declared internet carriage services
If:
the whole or a part of a datacasting service provided under a datacasting licence consists of an internet carriage service; and
one or more persons enter into, begin to carry out, or carry out, a scheme; and
the ACMA is of the opinion that the person, or any of the persons, who entered into, began to carry out, or carried out, the scheme did so for the sole or dominant purpose of avoiding the application to the licensee of Division 1 or 2;
the ACMA may, by writing, determine that, for the purposes of the application of this Schedule to the licensee, the internet carriage service is a declared internet carriage service.
The person, or any of the persons, referred to in paragraphs (1)(b) and (c) may be the licensee.
A determination under subclause (1) has effect accordingly.
In this clause:
scheme means:
any agreement, arrangement, understanding, promise or undertaking, whether express or implied and whether or not enforceable, or intended to be enforceable, by legal proceedings; or
any scheme, plan, proposal, action, course of action or course of conduct, whether there are 2 or more parties or only one party involved.
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