(1) For the purposes of this Division, telecommunications transmission tower means a tower, pole, mast or similar structure that:
(a) is used to supply a carriage service by means of radiocommunications; and
(b) satisfies either of the following requirements:
(i) the carriage service is supplied by a carrier or carriage service provider;
(ii) the tower, pole, mast or structure is in a class specified in a determination under subsection (2); and
(c) is not covered by a determination under subsection (3).
(2) For the purposes of subparagraph (1)(b)(ii), the Minister may, by legislative instrument, make a determination specifying one or more classes of towers, poles, masts or structures used to supply a carriage service by means of radiocommunications.
(3) For the purposes of paragraph (1)(c), the Minister may, by legislative instrument, make a determination declaring that a specified tower, pole, mast or structure is not a telecommunications transmission tower for the purposes of this Division.
Note: For specification by class, see subsection 13(3) of the Legislation Act 2003 .