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TELECOMMUNICATIONS ACT 1997 - SECT 7

Definitions

                   In this Act, unless the contrary intention appears:

"ACCC" means the Australian Competition and Consumer Commission.

"ACCC's telecommunications functions and powers" means the functions and powers conferred on the ACCC by or under:

                     (a)  this Act; or

                     (b)  the Telecommunications (Consumer Protection and Service Standards) Act 1999 ; or

                   (ba)  the National Broadband Network Companies Act 2011 ; or

                     (c)  Part XIB of the Competition and Consumer Act 2010 ; or

                     (d)  Part XIC of the Competition and Consumer Act 2010 ; or

                     (e)  any other provision of the Competition and Consumer Act 2010 , in so far as that provision applies to a matter connected with telecommunications.

For this purpose, telecommunications means the carriage of communications by means of guided and/or unguided electromagnetic energy.

"access" , in relation to an emergency call service, has a meaning affected by section 18.

"ACMA" means the Australian Communications and Media Authority.

"ACMA's telecommunications functions" means the functions that are telecommunications functions, in relation to the ACMA, for the purposes of the Australian Communications and Media Authority Act 2005 .

"ACMA's telecommunications powers" means the powers conferred on the ACMA by:

                     (a)  this Act; or

                     (b)  the Telecommunications (Consumer Protection and Service Standards) Act 1999 ; or

                   (ba)  Chapter 4 or 5 of the Telecommunications (Interception and Access) Act 1979 ; or

                     (c)  the Spam Act 2003 ; or

                    (ca)  the Do Not Call Register Act 2006 ; or

                     (d)  Part XIC of the Competition and Consumer Act 2010 ; or

                     (e)  section 12 of the Australian Communications and Media Authority Act 2005 , in so far as that section relates to the ACMA's telecommunications functions.

"ACNC type of entity" means an entity that meets the description of a type of entity in column 1 of the table in subsection 25-5(5) of the Australian Charities and Not-for-profits Commission Act 2012 .

"adverse security assessment" has the meaning given by section 35 of the Australian Security Intelligence Organisation Act 1979 .

"AFP Minister" means the Minister administering the Australian Federal Police Act 1979 .

"aircraft" includes a balloon.

"ASIO" means the Australian Security Intelligence Organisation.

"Australia" , when used in a geographical sense, includes the eligible Territories.

"Australian number" has the same meaning as in the Do Not Call Register Act 2006 .

"authorised infringement notice officer" means:

                     (a)  the Chair of the ACMA; or

                     (b)  a member of the staff of the ACMA appointed under section 572L.

"base station that is part of a terrestrial radiocommunications customer access network" has the meaning given by section 34.

"broadcasting service" has the same meaning as in the Broadcasting Services Act 1992 .

"building lot" has the meaning given by section 372Q.

"building unit" has the meaning given by section 372S.

"cabling licence" means a licence granted under section 427.

"carriage service" means a service for carrying communications by means of guided and/or unguided electromagnetic energy.

"carriage service intermediary" means a person who is a carriage service provider under subsection 87(5).

"carriage service provider" has the meaning given by section 87.

"carrier" means the holder of a carrier licence.

"carrier licence" means a licence granted under section 56.

"carry" includes transmit, switch and receive.

"civil penalty provision" means:

                     (a)  a provision of this Act (other than section 317ZB) that is declared by this Act to be a civil penalty provision; or

                     (b)  a provision of the Telecommunications (Consumer Protection and Service Standards) Act 1999 that is declared by that Act to be a civil penalty provision; or

                     (c)  a provision of the Telecommunications (Interception and Access) Act 1979 that is declared by that Act to be a civil penalty provision for the purposes of this Act.

"commercial electronic message" has the same meaning as in the Spam Act 2003 .

"communications" includes any communication:

                     (a)  whether between persons and persons, things and things or persons and things; and

                     (b)  whether in the form of speech, music or other sounds; and

                     (c)  whether in the form of data; and

                     (d)  whether in the form of text; and

                     (e)  whether in the form of visual images (animated or otherwise); and

                      (f)  whether in the form of signals; and

                     (g)  whether in any other form; and

                     (h)  whether in any combination of forms.

"Communications Access Co-ordinator" has the meaning given by section 6R of the Telecommunications (Interception and Access) Act 1979 .

"connected" , in relation to:

                     (a)  a telecommunications network; or

                     (b)  a facility; or

                     (c)  customer cabling; or

                     (d)  customer equipment;

includes connection otherwise than by means of physical contact, for example, a connection by means of radiocommunication.

"connection permit" means a permit issued under section 394.

"constitutional corporation" means a corporation to which paragraph 51(xx) of the Constitution applies.

"content service" has the meaning given by section 15.

"content service provider" has the meaning given by section 97.

"controlled carriage service" has the meaning given by section 14.

"controlled facility" has the meaning given by section 14.

"controlled network" has the meaning given by section 14.

"customer cabling" has the meaning given by section 20.

"customer equipment" has the meaning given by section 21.

"data processing device" means any article or material (for example, a disk) from which information is capable of being reproduced, with or without the aid of any other article or device.

"Defence Department" means the Department of State that deals with defence and that is administered by the Minister administering section 1 of the Defence Act 1903 .

"defence purposes" means any one or more of the following:

                     (a)  the operation of command or control systems;

                     (b)  the operation, direction or use of a defence organisation;

                     (c)  the operation of intelligence systems;

                     (d)  the collection or dissemination of information relevant to the security or defence of:

                              (i)  the Commonwealth; or

                             (ii)  a foreign country that is allied or associated with the Commonwealth;

                     (e)  the operation or control of weapons systems, including any thing that, by itself or together with any other thing or things, is intended for defensive or offensive use in combat;

                      (f)  any other matter specified in the regulations.

"designated part of the spectrum" has the meaning given by section 577H.

"designated radiocommunications facility" has the meaning given by section 31.

"Director-General of Security" means the Director-General of Security holding office under the Australian Security Intelligence Organisation Act 1979 .

"directory assistance services" means services that are:

                     (a)  provided to an end-user of a standard telephone service to help the end-user find the number of another end-user of a standard telephone service; and

                     (b)  provided by an operator or by means of:

                              (i)  an automated voice response system; or

                             (ii)  another technology-based system.

"distinct places" has the meaning given by section 36.

"draft functional separation undertaking" means a draft functional separation undertaking under Division 2 of Part 9 of Schedule 1.

"draft migration plan" means a draft migration plan under Subdivision B of Division 2 of Part 33.

"eligible partnership" means a partnership where each partner is a constitutional corporation.

"eligible Territory" means:

                     (a)  the Territory of Christmas Island; or

                     (b)  the Territory of Cocos (Keeling) Islands; or

                     (c)  an external Territory prescribed for the purposes of section 10.

"emergency call contractor" means a person who performs services for or on behalf of a recognised person who operates an emergency call service, but does not include a person who performs such services in the capacity of an employee of the person who operates the emergency call service.

Note:          Recognised person who operates an emergency call service is defined by section 19.

"emergency call person" means:

                     (a)  a recognised person who operates an emergency call service; or

                     (b)  an employee of such a person; or

                     (c)  an emergency call contractor; or

                     (d)  an employee of an emergency call contractor.

Note:          Recognised person who operates an emergency call service is defined by section 19.

"emergency call service" means a service for:

                     (a)  receiving and handling calls to an emergency service number; and

                     (b)  transferring such calls to:

                              (i)  a police force or service; or

                             (ii)  a fire service; or

                            (iii)  an ambulance service; or

                            (iv)  if there is a numbering scheme manager--a service specified by the ACMA for the purposes of this subparagraph in a legislative instrument; or

                          (iva)  if there is no numbering scheme manager--a service specified for the purposes of this subparagraph in the numbering plan made by the ACMA; or

                             (v)  a service for despatching a force or service referred to in subparagraph (i), (ii), (iii), (iv) or (iva).

For the purposes of paragraph (b), transferring a call includes giving information in relation to the call for purposes connected with dealing with the matter or matters raised by the call.

"emergency service number" has the meaning given by section 466.

"exempt network-user" means:

                     (a)  a person:

                              (i)  who is entitled to use a network unit to supply a carriage service; and

                             (ii)  whose entitlement derives, directly or indirectly, from rights granted to a carrier; or

                     (b)  if:

                              (i)  a police force or service; or

                             (ii)  a fire service; or

                            (iii)  an ambulance service; or

                            (iv)  an emergency service specified in the regulations;

                            (the first force or service ) uses a network unit for the sole or principal purpose of enabling either or both of the following:

                             (v)  communication between the members of the first force or service;

                            (vi)  communication between the members of the first force or service and the members of another force or service, where the other force or service is of a kind covered by subparagraph (i), (ii), (iii) or (iv);

                            the first force or service.

For the purposes of paragraph (b), an employee of a force or service is taken to be a member of the force or service.

"facility" means:

                     (a)  any part of the infrastructure of a telecommunications network; or

                     (b)  any line, equipment, apparatus, tower, mast, antenna, tunnel, duct, hole, pit, pole or other structure or thing used, or for use, in or in connection with a telecommunications network.

"fax marketing industry" means an industry that involves carrying on a fax marketing activity (as defined by section 109C).

"Federal Circuit Court" means the Federal Circuit Court of Australia.

"Federal Court" means the Federal Court of Australia.

"fibre-ready facility" has the meaning given by subsection 372W(1).

"final functional separation undertaking" means a final functional separation undertaking under Division 2 of Part 9 of Schedule 1.

"final migration plan" means a final migration plan under Subdivision B of Division 2 of Part 33.

"Finance Minister" means the Minister administering the Public Governance, Performance and Accountability Act 2013 .

"fixed-line facility" has the meaning given by section 372V.

"fixed radiocommunications link" has the meaning given by section 35.

"functional fibre-ready facility" has the meaning given by subsection 372W(2).

"Home Affairs Department" means the Department administered by the Home Affairs Minister.

"Home Affairs Minister" means the Minister administering the Australian Security Intelligence Organisation Act 1979 .

"Home Affairs Secretary" means the Secretary of the Home Affairs Department.

"hybrid fibre-coaxial network" means a telecommunications network:

                     (a)  that is for use for the transmission of any broadcasting service; and

                     (b)  that is also capable of being used to supply an internet carriage service; and

                     (c)  the line component of which consists of optical fibre to connecting nodes, supplemented by coaxial cable connections from the nodes to the premises of end-users.

"immediate circle" has the meaning given by section 23.

"import" means import into Australia.

"industry levy" means levy imposed by the Telecommunications (Industry Levy) Act 2012 .

"infringement notice" means an infringement notice under section 572E.

"inspector" has the meaning given by section 533.

"integrated public number database scheme" means the scheme in force under section 295A.

"intercell hand-over functions" has the meaning given by section 33.

"internet carriage service" means a carriage service that enables end-users to access the internet.

"internet service provider" has the same meaning as in Schedule 5 to the Broadcasting Services Act 1992 .

Layer 2 bitstream service means a carriage service that is:

                     (a)  a Layer 2 bitstream service (within the ordinary meaning of that expression); and

                     (b)  a listed carriage service; and

                     (c)  supplied using a line to premises occupied or used by an end-user.

For the purposes of determining the ordinary meaning of the expression used in paragraph (a), assume that Layer 2 has the same meaning as in the Open System Interconnection (OSI) Reference Model for data exchange.

"line" means a wire, cable, optical fibre, tube, conduit, waveguide or other physical medium used, or for use, as a continuous artificial guide for or in connection with carrying communications by means of guided electromagnetic energy.

"line link" has the meaning given by section 30.

"listed carriage service" has the meaning given by section 16.

"marketing fax" means:

                     (a)  a marketing fax (within the meaning of the Do Not Call Register Act 2006 ) that is sent to an Australian number; or

                     (b)  a fax (within the meaning of the Do Not Call Register Act 2006 ) that is sent to an Australian number, where, having regard to:

                              (i)  the content of the fax; and

                             (ii)  the presentational aspects of the fax;

                            it would be concluded that the purpose, or one of the purposes, of the fax is:

                            (iii)  to conduct opinion polling; or

                            (iv)  to carry out standard questionnaire-based research.

"member" means a member of the ACMA (and does not include an associate member).

"NBN corporation" has the same meaning as in the National Broadband Network Companies Act 2011 . This definition does not apply to:

                     (a)  section 577BA; or

                     (b)  section 577BC; or

                     (c)  clause 17 of Schedule 1; or

                     (d)  Part 5 of Schedule 1.

"network unit" has the meaning given by Division 2 of Part 2.

"nominated carriage service provider" means a carriage service provider covered by a declaration in force under subsection 197(4) of the Telecommunications (Interception and Access) Act 1979 .

"nominated carrier" means a carrier in respect of whom a nominated carrier declaration is in force.

"nominated carrier declaration" means a declaration under section 81.

"notifiable equipment" has the same meaning as in the Telecommunications (Interception and Access) Act 1979 .

"numbering plan" has the meaning given by section 455.

"numbering scheme" means the scheme for planning and managing:

                     (a)  the numbering of carriage services in Australia; and

                     (b)  the use of numbers in connection with the supply of such services; and

                     (c)  the specification, allocation and issuing of numbers for that use.

"numbering scheme manager" : see subsection 454A(2).

"numbering scheme principles" : see subsection 454C(2).

"optical fibre line" means a line that consists of, or encloses, optical fibre.

"owner" , in relation to a network unit, means a person who legally owns the unit (whether alone or together with one or more other persons).

"person" includes a partnership.

"point-to-multipoint service" means a carriage service which allows a person to transmit a communication to more than one end-user simultaneously.

"project area" for a real estate development project has the meaning given by section 372Q.

"public body" means:

                     (a)  the Commonwealth, a State or a Territory; or

                     (b)  an authority, or institution, of the Commonwealth, a State or a Territory; or

                     (c)  an incorporated company all the stock or shares in the capital of which is beneficially owned by one of the following:

                              (i)  the Commonwealth;

                             (ii)  a State;

                            (iii)  a Territory; or

                     (d)  an incorporated company limited by guarantee, where the interests and rights of the members in or in relation to the company are beneficially owned by one of the following:

                              (i)  the Commonwealth;

                             (ii)  a State;

                            (iii)  a Territory.

"public mobile telecommunications service" has the meaning given by section 32.

"radiocommunication" has the same meaning as in the Radiocommunications Act 1992 .

"radiocommunications device" has the same meaning as in the Radiocommunications Act 1992 .

"radiocommunications receiver" has the same meaning as in the Radiocommunications Act 1992 .

"radiocommunications transmitter" has the same meaning as in the Radiocommunications Act 1992 .

"real estate development project" has the meaning given by section 372Q.

"recognised person who operates an emergency call service" has the meaning given by section 19.

"recognised testing authority" has the meaning given by section 409.

"record-keeping rule" means a rule under section 529.

"registered charity" means an entity that is registered under the Australian Charities and Not-for-profits Commission Act 2012 as the type of entity mentioned in column 1 of item 1 of the table in subsection 25-5(5) of that Act.

"satellite-based facility" means a radiocommunications transmitter, or a radiocommunications receiver, in a satellite.

"sell" :

                     (a)  when used in relation to a building lot--has the meaning given by section 372T; or

                     (b)  when used in relation to a building unit--has the meaning given by section 372U.

"service provider" has the meaning given by section 86.

"service provider rules" has the meaning given by section 98.

"spectrum" has the same meaning as in the Radiocommunications Act 1992 .

"spectrum licence" has the same meaning as in the Radiocommunications Act 1992 .

"standard questionnaire-based research" means research that involves people being asked to answer one or more standard questions, but does not include:

                     (a)  opinion polling; or

                     (b)  research of a kind specified in the regulations.

"standard telephone service" has the meaning given by section 6 of the Telecommunications (Consumer Protection and Service Standards) Act 1999 .

"subdivision" of an area of land has a meaning affected by section 372R.

"subscription television broadcasting licence" has the same meaning as in the Broadcasting Services Act 1992 .

"telecommunications industry" includes an industry that involves:

                     (a)  carrying on business as a carrier; or

                     (b)  carrying on business as a carriage service provider; or

                     (c)  supplying goods or services for use in connection with the supply of a listed carriage service; or

                     (d)  supplying a content service using a listed carriage service; or

                     (e)  manufacturing or importing customer equipment or customer cabling; or

                      (f)  installing, maintaining, operating or providing access to:

                              (i)  a telecommunications network; or

                             (ii)  a facility;

                            used to supply a listed carriage service.

"Telecommunications Industry Ombudsman" has the same meaning as in the Telecommunications (Consumer Protection and Service Standards) Act 1999 .

"Telecommunications Industry Ombudsman scheme" has the same meaning as in the Telecommunications (Consumer Protection and Service Standards) Act 1999 .

"telecommunications network" means a system, or series of systems, that carries, or is capable of carrying, communications by means of guided and/or unguided electromagnetic energy.

"telecommunications service" has the same meaning as in the Telecommunications (Interception and Access) Act 1979 .

"telecommunications system" has the same meaning as in the Telecommunications (Interception and Access) Act 1979 .

"telemarketing call" means:

                     (a)  a telemarketing call (within the meaning of the Do Not Call Register Act 2006 ) that is made to an Australian number; or

                     (b)  a voice call (within the meaning of the Do Not Call Register Act 2006 ) that is made to an Australian number, where, having regard to:

                              (i)  the content of the call; and

                             (ii)  the presentational aspects of the call;

                            it would be concluded that the purpose, or one of the purposes, of the call is:

                            (iii)  to conduct opinion polling; or

                            (iv)  to carry out standard questionnaire-based research.

"telemarketing industry" means an industry that involves carrying on a telemarketing activity (as defined by section 109B).

"Telstra" has the same meaning as in the Telstra Corporation Act 1991 .

"this Act" includes the regulations.

"universal service obligation" has the same meaning as in the Telecommunications (Consumer Protection and Service Standards) Act 1999 .

"vessel" means a vessel or boat of any description, and includes:

                     (a)  an air-cushion vehicle; and

                     (b)  any floating structure.



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