Telecommunications Act 1997

This section sets out the circumstances in which a network unit is taken, for the purposes of section 42, to be used to supply a carriage service to the public.

If:

there is only one owner of a network unit; and

no nominated carrier declaration is in force in relation to the unit; and

any of the following conditions is satisfied:

the unit is used for the carriage of communications between 2 end‑users, where each end‑user is outside the immediate circle of the owner of the unit;

the unit is used to supply point‑to‑multipoint services to end‑users, where at least one end‑user is outside the immediate circle of the owner of the unit;

the unit is used to supply designated content services (other than point‑to‑multipoint services) to one or more end‑users, where at least one end‑user is outside the immediate circle of the owner of the unit;

If:

there are 2 or more owners of a network unit; and

no nominated carrier declaration is in force in relation to the unit; and

any of the following conditions is satisfied:

the unit is used for the carriage of communications between 2 end‑users, where each end‑user is outside the overlap of the immediate circles of the owners of the unit;

the unit is used to supply point‑to‑multipoint services to end‑users, where at least one end‑user is outside the overlap of the immediate circles of the owners of the unit;

the unit is used to supply designated content services (other than point‑to‑multipoint services) to one or more end‑users, where at least one end‑user is outside the overlap of the immediate circles of the owners of the unit;

If:

a nominated carrier declaration is in force in relation to a network unit; and

any of the following conditions is satisfied:

the unit is used for the carriage of communications between 2 end‑users, where each end‑user is outside the immediate circle of the nominated carrier in relation to the unit;

the unit is used to supply point‑to‑multipoint services to end‑users, where at least one end‑user is outside the immediate circle of the nominated carrier in relation to the unit;

the unit is used to supply designated content services (other than point‑to‑multipoint services) to one or more end‑users, where at least one end‑user is outside the immediate circle of the nominated carrier in relation to the unit;

For the purposes of this section, a person is outside the overlap of the immediate circles of the owners of a network unit unless the person is:

within the immediate circles of each of the owners of the unit; or

the owner, or one of the owners, of the unit.

For the purposes of this section, a designated content service is a content service of a kind specified in a written determination made by the Minister.

A determination under subsection (6) is a legislative instrument.