Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) If:
(a) the sole or principal use of a carriage service 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) those communications are neither:
(i) communications carried between the head end of a cable transmission system and the equipment used by an end - user to receive a broadcasting service; nor
(ii) communications carried from a broadcasting transmitter transmitting a signal of a broadcasting service to its intended audience;
subsections 87(1) and (2) do not apply to the carriage service.
(2) If the sole or principal use of a carriage service 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 , subsections 87(1) and (2) of this Act do not apply to the service.
(2A) For the purposes of this section, disregard subsection 212(3) of the Broadcasting Services Act 1992 .
(3) 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.