Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) 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.
(2) If:
(a) there is only one owner of a network unit; and
(b) no nominated carrier declaration is in force in relation to the unit; and
(c) any of the following conditions is satisfied:
(i) 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;
(ii) 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;
(iii) 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;
the unit is used to supply a carriage service to the public.
(3) If:
(a) there are 2 or more owners of a network unit; and
(b) no nominated carrier declaration is in force in relation to the unit; and
(c) any of the following conditions is satisfied:
(i) 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;
(ii) 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;
(iii) 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;
the unit is used to supply a carriage service to the public.
(4) If:
(a) a nominated carrier declaration is in force in relation to a network unit; and
(b) any of the following conditions is satisfied:
(i) 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;
(ii) 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;
(iii) 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;
the unit is used to supply a carriage service to the public.
(5) 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:
(a) within the immediate circles of each of the owners of the unit; or
(b) the owner, or one of the owners, of the unit.
(6) 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.
(7) A determination under subsection (6) is a legislative instrument.