Commonwealth Consolidated Acts

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TELECOMMUNICATIONS ACT 1997 - SECT 317C

Designated communications provider etc.

    For the purposes of this Part, the following table defines:

  (a)   designated communications provider ; and

  (b)   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

Note 1:   See also sections   317HAA, 317MAA and 317TAA (provision of advice to designated communications providers).

Note 2:   See also section   317ZT (alternative constitutional basis).



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