Designated communications provider etc
317C Designated communications provider etc
For the purposes of this Part, the following table defines:
designated communications provider; and
the eligible activities of a designated communications provider.
Designated communications provider and eligible activities | ||
|---|---|---|
Item | A person is a designated communications provider if ... | ... and the eligible activities of the person are ... |
1 | the person is a carrier or carriage service provider | (a) the operation by the person of telecommunications networks, or facilities, in Australia; or (b) the supply by the person of listed carriage services |
2 | the person is a carriage service intermediary who arranges for the supply by a carriage service provider of listed carriage services | (a) the arranging by the person for the supply by the carriage service provider of listed carriage services; or (b) the operation by the carriage service provider of telecommunications networks, or facilities, in Australia; or (c) the supply by the carriage service provider of listed carriage services |
3 | the person provides a service that facilitates, or is ancillary or incidental to, the supply of a listed carriage service | the provision by the person of a service that facilitates, or is ancillary or incidental to, the supply of a listed carriage service |
4 | the person provides an electronic service that has one or more end‑users in Australia | the provision by the person of an electronic service that has one or more end‑users in Australia |
5 | the person provides a service that facilitates, or is ancillary or incidental to, the provision of an electronic service that has one or more end‑users in Australia | the provision by the person of a service that facilitates, or is ancillary or incidental to, the provision of an electronic service that has one or more end‑users in Australia |
6 | the person develops, supplies or updates software used, for use, or likely to be used, in connection with: (a) a listed carriage service; or (b) an electronic service that has one or more end‑users in Australia | (a) the development by the person of any such software; or (b) the supply by the person of any such software; or (c) the updating by the person of any such software |
7 | the person manufactures, supplies, installs, maintains or operates a facility | (a) the manufacture by the person of a facility for use, or likely to be used, in Australia; or (b) the supply by the person of a facility for use, or likely to be used, in Australia; or (c) the installation by the person of a facility in Australia; or (d) the maintenance by the person of a facility in Australia; or (e) the operation by the person of a facility in Australia |
8 | the person manufactures or supplies components for use, or likely to be used, in the manufacture of a facility for use, or likely to be used, in Australia | (a) the manufacture by the person of any such components; or (b) the supply by the person of any such components |
9 | the person connects a facility to a telecommunications network in Australia | the connection by the person of a facility to a telecommunications network in Australia |
10 | the person manufactures or supplies customer equipment for use, or likely to be used, in Australia | (a) the manufacture by the person of any such customer equipment; or (b) the supply by the person of any such customer equipment |
11 | the person manufactures or supplies components for use, or likely to be used, in the manufacture of customer equipment for use, or likely to be used, in Australia | (a) the manufacture by the person of any such components; or (b) the supply by the person of any such components |
12 | the person: (a) installs or maintains customer equipment in Australia; and (b) does so otherwise than in the capacity of end‑user of the equipment | (a) any such installation by the person of customer equipment; or (b) any such maintenance by the person of customer equipment |
13 | the person: (a) connects customer equipment to a telecommunications network in Australia; and (b) does so otherwise than in the capacity of end‑user of the equipment | any such connection by the person of customer equipment to a telecommunications network in Australia |
14 | the person is a constitutional corporation who: (a) manufactures; or (b) supplies; or (c) installs; or (d) maintains; data processing devices | (a) the manufacture by the person of data processing devices for use, or likely to be used, in Australia; or (b) the supply by the person of data processing devices for use, or likely to be used, in Australia; or (c) the installation by the person of data processing devices in Australia; or (d) the maintenance by the person of data processing devices in Australia |
15 | the person is a constitutional corporation who: (a) develops; or (b) supplies; or (c) updates; software that is capable of being installed on a computer, or other equipment, that is, or is likely to be, connected to a telecommunications network in Australia | (a) the development by the person of any such software; or (b) the supply by the person of any such software; or (c) the updating by the person of any such software |
See also sections 317HAA, 317MAA and 317TAA (provision of advice to designated communications providers).
See also section 317ZT (alternative constitutional basis).
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