Commonwealth Numbered Acts

TELECOMMUNICATIONS ACT 1975 No. 55 of 1975 - SECT 107

107. (1) Where-

   (a)  the Commission enters, either with or without a vehicle or horse, onto
        premises, being a pier, wharf, quay, landing place, bridge, ferry or
        part of a road, or uses premises, being a pier, wharf, quay or landing
        place, in connexion with the performance of its functions; and

   (b)  a toll, fee or charge would, but for this section, be payable in
        respect of the entry onto the premises or the use of the premises, as
        the case may be, the toll, fee or charge is not payable by the
        Commission or any other person in respect of the entry onto the
        premises, or the use of the premises, but the Commission is liable to
        pay to the owner or occupier of the premises, in respect of all
        entries by the Commission onto the premises, or in respect of all uses
        of the premises, during a period of 12 months, or such shorter period
        as is agreed upon between the Commission and the owner or occupier,
        such sum as is agreed upon by the Commission and the owner or occupier
        or, in the absence of agreement, as is determined by arbitration in
        accordance with the provisions of an Act of a State or an Ordinance of
        a Territory in which the premises are situated relating to the
        settlement of commercial disputes by arbitration.

(2) This section does not apply to a toll, fee or charge that amounts to
taxation.

(3) In this section-

   (a)  a reference to entry by the Commission onto premises in connexion with
        the performance of its functions includes a reference to the entry
        onto premises-

        (i)    of an officer or employee in the course of performing his
               duties; and

        (ii)   of a person engaged on behalf of the Commission in the delivery
               of telecommunications messages or for purposes connected with
               the delivery of telecommunications messages;

   (b)  a reference to the use of premises by the Commission in connexion with
        the performance of its functions includes a reference to the use of
        premises by a person acting on behalf of the Commission in connexion
        with the performance of its functions; and

   (c)  a reference to the owner or occupier of premises, being a part of a
        road, is a reference to the person entitled to be paid a toll, fee or
        charge for entry onto that part of the road.