Controlled carriage services, controlled networks and controlled facilities
14 Controlled carriage services, controlled networks and controlled facilities
Controlled carriage services
For the purposes of this Act, if:
a carrier or carriage service provider supplies, or proposes to supply, a carriage service; and
the carriage service involves, or will involve, the use of a controlled network, or a controlled facility, of the carrier or of the provider, as the case may be;
the carriage service is a controlled carriage service of the carrier or the provider, as the case may be.
Controlled networks
For the purposes of this Act, if:
a carrier or carriage service provider operates a telecommunications network; and
the network satisfies the geographical test set out in subsection (4);
the network is a controlled network of the carrier or the provider, as the case may be.
Controlled facilities
For the purposes of this Act, if:
a carrier or carriage service provider operates a facility; and
the facility satisfies the geographical test set out in subsection (4);
the facility is a controlled facility of the carrier or provider, as the case may be.
Geographical test
For the purposes of this section, a telecommunications network, or a facility, satisfies the geographical test if:
the whole or any part of the network or facility, as the case requires, is, or will be, located in Australia; or
all of the following conditions are satisfied:
a person, or a group of persons, operates the network or the facility, as the case requires;
the person, or at least one of the members of the group, carries on, or will carry on, a telecommunications‑related business wholly or partly in Australia;
the network, or the facility, as the case requires, is used, or will be used, to supply a listed carriage service, or a service that is ancillary or incidental to such a service.
Definition
In this section:
telecommunications‑related business means a business that consists of, or includes:
supplying a carriage service; or
supplying goods or services for use in connection with the supply of a carriage service; or
supplying a content service; or
installing, maintaining, operating or providing access to:
a telecommunications network; or
a facility.
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