Exemption—defence
45 Exemption—defence
If the sole use of a network unit is use by, or on behalf of, a defence organisation to carry communications necessary or desirable for defence purposes, section 42 does not apply to the unit.
If:
the principal use of a network unit is use by, or on behalf of, a defence organisation to carry communications necessary or desirable for defence purposes; and
the remaining use of the unit is use by one or more carriers, or by one or more exempt network‑users, to supply carriage services and/or content services;
section 42 does not apply to the unit.
In this section:
defence organisation means:
the Defence Department; or
the Australian Defence Force; or
an organisation of a foreign country, so far as the organisation:
has functions corresponding to functions of, or of a part of, the Defence Department or the Australian Defence Force; and
is authorised by the Commonwealth to operate or train in Australia or an external Territory; or
a part of such an organisation or body.
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