Commonwealth Consolidated Acts

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TELECOMMUNICATIONS ACT 1997 - SECT 161

Extended meaning of residential customer

Home - based business carried on by an individual

  (1)   For the purposes of this Part, if a business is carried on (otherwise than in the capacity of trustee) by an individual, and:

  (a)   most or all of the work of the business is carried out at the residence of the individual; or

  (b)   the business does not occupy any premises other than the residence of the individual;

the individual, in the individual's capacity as a customer, is taken to be a residential customer .

Home - based business carried on by a partnership

  (2)   For the purposes of this Part, if a business is carried on by a partnership, and:

  (a)   most or all of the work of the business is carried out at the residence of an individual who is:

  (i)   one of the partners of the partnership; or

  (ii)   the director, or one of the directors, of a corporation that is one of the partners of the partnership; or

  (b)   the business does not occupy any premises other than the residence of an individual who is:

  (i)   one of the partners of the partnership; or

  (ii)   the director, or one of the directors, of a corporation that is one of the partners of the partnership;

the partnership, in its capacity as a customer, is taken to be a residential customer .

Home - based business carried on by a corporation

  (3)   For the purposes of this Part, if a business is carried on (otherwise than in the capacity of trustee) by a corporation, and:

  (a)   most or all of the work of the business is carried out at the residence of an individual who is the director, or one of the directors, of the corporation; or

  (b)   the business does not occupy any premises other than the residence of an individual who is the director, or one of the directors, of the corporation;

the corporation, in its capacity as a customer, is taken to be a residential customer .

Home - based business carried on by a trust

  (4)   For the purposes of this Part, if a business is carried on by a trust, and:

  (a)   most or all of the work of the business is carried out at the residence of an individual who is:

  (i)   a trustee of the trust; or

  (ii)   the director, or one of the directors, of a corporation that is a trustee of the trust; or

  (b)   the business does not occupy any premises other than the residence of an individual who is:

  (i)   a trustee of the trust; or

  (ii)   the director, or one of the directors, of a corporation that is a trustee of the trust;

a trustee of the trust, in the trustee's capacity as a customer, is taken to be a residential customer .


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