Commonwealth Consolidated Acts

TELECOMMUNICATIONS ACT 1997 - SECT 32

  (1)   For the purposes of this Act, if:

  (a)   an end - user can use a carriage service while moving continuously between places; and

  (b)   the customer equipment used for or in relation to the supply of the service is not in physical contact with any part of the telecommunications network by means of which the service is supplied; and

  (c)   the service is supplied by use of a telecommunications network that has intercell hand - over functions; and

  (d)   the service is not an exempt service (as defined by subsection   (2), (3) or (4));

the service is a public mobile telecommunications service .

  (2)   For the purposes of this section, a carriage service is an exempt service if:

  (a)   the service is supplied by means of a telecommunications network (a primary network ) that is connected to one or more line links or other facilities that, apart from this section, are eligible network units; and

  (b)   the principal function of the primary network is to supply carriage services between customer equipment connected to the primary network and other such equipment; and

  (c)   the supply of carriage services between such equipment and equipment connected to the network units is, at most, an ancillary function of the primary network; and

  (d)   despite the connection or connections referred to in paragraph   (a), the primary network cannot be used in carrying a communication, as a single transaction, between equipment connected to the network units and other such equipment.

  (3)   For the purposes of this section, a carriage service is an exempt service if the service is:

  (a)   a one - way only, store - and - forward communications service; or

  (b)   a service that performs the same functions as such a service.

  (4)   For the purposes of this section, a carriage service is an exempt service if all of the end - users of the service are located at the same distinct place.

  (5)   In this section:

"eligible network unit" means a network unit:

  (a)   that is owned by one or more carriers; or

  (b)   in relation to which a nominated carrier declaration is in force.