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COMMONWEALTHAct
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s 47

Exemption—transport authorities

In force
Volume 1s 1-310
Part 3Carriers
Division 2Prohibitions relating to carriers

47 Exemption—transport authorities

(1)

Section 42 does not apply to a network unit if the sole use of the unit is use by Airservices Australia to carry communications necessary or desirable for the workings of aviation services.

(3)

Section 42 does not apply to a network unit if the sole use of the unit is use by a State or Territory transport authority to carry communications necessary or desirable for the workings of any or all of the following services:

(a)

train services of a kind provided by the authority;

(b)

bus or other road services of a kind provided by the authority;

(c)

tram services of a kind provided by the authority.

(4)

Section 42 does not apply to a network unit if the sole use of the unit is use by a rail corporation to carry communications necessary or desirable for the workings of train services.

(5)

Section 42 does not apply to a network unit if:

(a)

the principal use of the unit is use by Airservices Australia to carry communications necessary or desirable for the workings of aviation services; and

(b)

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.

(7)

Section 42 does not apply to a network unit if:

(a)

the principal use of the unit is use by a State or Territory transport authority to carry communications necessary or desirable for the workings of any or all of the following services:

(i)

train services of a kind provided by the authority;

(ii)

bus or other road services of a kind provided by the authority;

(iii)

tram services of a kind provided by the authority; and

(b)

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.

(8)

Section 42 does not apply to a network unit if:

(a)

the principal use of the unit is use by a rail corporation to carry communications necessary or desirable for the workings of train services; and

(b)

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.

(9)

In this section:

rail corporation means a body corporate that manages or operates either or both of the following:

(a)

rail transport services;

(b)

rail transport infrastructure.

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