Commonwealth Consolidated Acts

TELECOMMUNICATIONS (CONSUMER PROTECTION AND SERVICE STANDARDS) ACT 1999 - SECT 94

    If:

  (a)   a person is a carrier; and

  (b)   during a period comprising the whole or a part of a month in an eligible financial year, either:

  (i)   the person owns a local access line, but no nominated carrier declaration is in force in relation to the line; or

  (ii)   under a nominated carrier declaration, the person is the nominated carrier in relation to a local access line; and

  (c)   the line is not an exempt line in relation to the person for the month; and

  (d)   during the whole or a part of the period, a carriage service provider (who may be the person) supplies a designated broadband service to particular premises in Australia using the line;

the premises are potentially chargeable premises in relation to the person for the month.

Note:   The line does not need to be physically connected to the premises. This is because using has an extended meaning--see subsection   5(1) of this Act and section   24 of the Telecommunications Act 1997 (when read together with section   18A of the Acts Interpretation Act 1901 ).