Commonwealth Consolidated Acts

TELECOMMUNICATIONS (CONSUMER PROTECTION AND SERVICE STANDARDS) ACT 1999 - SECT 95

  (1)   If:

  (a)   a person is a member of an associated group during the whole or a part of a month; and

  (b)   the total number of potentially chargeable premises in relation to the members of the group for that month is less than 2,000; and

  (c)   one or more of those potentially chargeable premises are potentially chargeable premises in relation to the person for that month;

each of the potentially chargeable premises mentioned in paragraph   (c) are exempt premises in relation to the person for that month.

  (2)   If:

  (a)   a person is not a member of an associated group during the whole or a part of a month; and

  (b)   the total number of potentially chargeable premises in relation to the person for that month is less than 2,000;

each of those potentially chargeable premises are exempt premises in relation to the person for that month.

Associated group

  (3)   For the purposes of this section, if:

  (a)   a person is in a position to exercise control of:

  (i)   a local access line; or

  (ii)   a telecommunications network; and

  (b)   the person has one or more associates;

then:

  (c)   the person is taken to belong to an associated group; and

  (d)   the associated group consists of the person and those associates.

  (4)   For the purposes of subsection   (3), the question of whether a person is in a position to exercise control of:

  (a)   a local access line; or

  (b)   a telecommunications network;

is to be determined in the same manner in which that question is determined for the purposes of Part   8 of the Telecommunications Act 1997 .

  (5)   For the purposes of subsection   (3), the question of whether a person has one or more associates is to be determined in the same manner in which that question is determined for the purposes of Part   8 of the Telecommunications Act 1997 .