Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) If :
(a) the sole use of a network unit is use to carry communications that are necessary or desirable for either or both of the following purposes:
(i) the supply of broadcasting services to the public;
(ii) the supply of a secondary carriage service by means of the main carrier signal of a primary broadcasting service; and
(b) the unit does not consist of, or include, a facility used to carry communications between:
(i) the head end of a cable transmission system; and
(ii) the equipment used by an end - user to receive a broadcasting service; and
(c) the unit does not consist of a broadcasting transmitter transmitting a signal of a broadcasting service to its intended audience;
section 42 does not apply to the unit.
(2) If:
(a) the principal use of a network unit is use to carry communications that are necessary or desirable for either or both of the following purposes:
(i) the supply of broadcasting services to the public;
(ii) the supply of a secondary carriage service by means of the main carrier signal of a primary broadcasting service; and
(b) the unit does not consist of, or include, a facility used to carry communications between:
(i) the head end of a cable transmission system; and
(ii) the equipment used by an end - user to receive a broadcasting service; and
(c) the unit does not consist of a broadcasting transmitter transmitting a signal of a broadcasting service to its intended audience; and
(d) 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.
(3) If the sole use of a line link is use for the purpose of a re - transmission of a kind mentioned in paragraph 212(1)(a) or (b) of the Broadcasting Services Act 1992 , section 42 of this Act does not apply to the line link.
(4) If:
(a) the principal use of a line link is use for the purpose of a re - transmission of a kind mentioned in paragraph 212(1)(a) or (b) of the Broadcasting Services Act 1992 ; and
(b) the remaining use of the line link 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 of this Act does not apply to the line link.
(4A) For the purposes of this section, disregard subsection 212(3) of the Broadcasting Services Act 1992 .
(5) In this section:
"broadcasting transmitter" means a radiocommunications transmitter used, or for use, to deliver a broadcasting service.
"head end of a cable transmission system" means a facility that:
(a) is connected to a line link; and
(b) is used, or for use, in connection with the delivery of a broadcasting service; and
(c) processes signals for delivery by the line link to end - users having equipment appropriate for receiving the service.