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TELECOMMUNICATIONS ACT 1991 No. 98 of 1991 - SECT 5

Definitions
5. Unless the contrary intention appears:
``access agreement" means an agreement made for the purposes of subsection 137
(2) or (3) or of a supplementary access condition of a general
telecommunications licence or public mobile licence, and has the additional
meaning for which section 156 provides; '' NAME="accredited_test_house">
``accredited test house" means a test house in relation to which there is in
operation an accreditation granted under regulations made because of section 
266 ; '' NAME="adjacent_area"> ``adjacent area", in relation to a State or
Territory, has the same meaning as in the
Petroleum (Submerged Lands) Act 1967; '' NAME="appointing_authority">
``appointing authority" means:

   (a)  in relation to a member appointed under section 368 - the
        Governor-General; and

   (b)  in relation to an associate member appointed under section 369 - the
        Minister; '' NAME="appropriate_fee"> ``appropriate fee", in relation
        to an application, means the fee for the application that is payable
        under the Telecommunications (Application Fees)  Act 1991 ; ''
        NAME="austel"> ``AUSTEL" means the Australian Telecommunications
        Authority; '' NAME="australia"> ``Australia" includes the external
        Territories (if any) to which this Act extends; ''
        NAME="basic_carriage_service"> ``basic carriage service" has the
        meaning given by section 174; '' NAME="bcs_tariff"> ``BCS tariff", in
        relation to a carrier, means:

   (a)  a tariff given to AUSTEL by the carrier under section 190 and in force
        for the time being, whether or not it has been varied under
        section 192; or

   (b)  a tariff that purports to be such a tariff but does not comply with
        section 190; but does not include:

   (c)  a tariff that contravenes subsection 190 (4); or

   (d)  a document that AUSTEL has disallowed under section 191; ''
        NAME="boundary"> ``boundary", in relation to a telecommunications
        network, has a meaning affected by Division 2; '' NAME="business_day">
        ``business day" means a day that is not a Saturday, a Sunday or a
        public holiday or bank holiday in the place concerned; ''
        NAME="cabling_licence"> ``cabling licence" means a licence issued
        under Division 7 of Part 12 to perform cabling work; ''
        NAME="cabling_work"> ``cabling work" means:

   (a)  the installation of customer cabling for connection to a
        telecommunications network operated by a carrier; or

   (b)  the connection of customer cabling to a telecommunications network
        operated by a carrier; or

   (c)  the maintenance of customer cabling connected to a telecommunications
        network operated by a carrier; '' NAME="carrier"> ``carrier" means a
        general carrier or a mobile carrier; '' NAME="carry"> ``carry"
        includes transmit, switch and receive; '' NAME="chairperson">
        ``Chairperson" means the Chairperson of AUSTEL; '' NAME="charge">
        ``charge" includes:

   (a)  any charge or fee (whether payable periodically, in instalments or
        otherwise); and

   (b)  a nil charge or nil fee; and

   (c)  in relation to a telecommunications service, includes:

   (i)  any charge or fee (including of a kind referred to in paragraph (a) or
        (b)) for or in relation to a facility used, or intended for use, in
        relation to the supply of the service; and

   (ii) any other charge or fee (including of a kind referred to in paragraph
        (a) or (b)) for or in relation to the supply of the service; ''
        NAME="class_licence"> ``class licence" means a class licence issued
        under Subdivision A of Division 3 of Part 10; '' NAME="communication">
        ``communication" includes any communication:

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

   (b)  whether:

   (i)  in the form of:

                (A)  speech, music or other sounds; or

                (B)  data; or

                (C)  text; or

                (D)  visual images, whether or not animated; or

                (E)  signals; or

   (ii) in any other form or in any combination of forms; '' NAME="condition">
        ``condition", in relation to a general telecommunications licence or a
        public mobile licence, means a condition or restriction to which the
        licence is subject, or will be subject, as the case requires; ''
        NAME="convention"> ``convention" means a convention to which Australia
        is a party or an agreement or arrangement between Australia and a
        foreign country, and includes, for example, an agreement, arrangement
        or understanding between a Minister and an official or authority of a
        foreign country; '' NAME="customer_cabling"> ``customer cabling" means
        a line that:

   (a)  is, or is intended to be, connected to a telecommunications network
        operated by a carrier; and

   (b)  is used, or intended for use, beyond the boundaries of any such
        telecommunications network; '' NAME="customer_equipment"> ``customer
        equipment" means equipment that is, or is intended to be, connected to
        a telecommunications network operated by a carrier, other than
        equipment that is used, or intended for use, within the boundaries of
        such a network; '' NAME="distinct_places"> ``distinct places" has the
        meaning given by Division 3; '' NAME="dominate"> ``dominate" has a
        meaning affected by section 28; '' NAME="earth-based_facility">
        ``earth-based facility" means a facility other than a satellite-based
        facility; '' NAME="eligible_corporation"> ``eligible corporation"
        means a body corporate that is, for the purposes of paragraph 51 (20)
        of the Constitution, a trading corporation, or a financial
        corporation, formed within the limits of the Commonwealth; ''
        NAME="eligible_international_service"> ``eligible international
        service" means an eligible service that is also an international
        service; '' NAME="eligible_service"> ``eligible service" has the
        meaning given by section 18; '' NAME="eligible_territory"> ``eligible
        Territory" means an internal Territory, or an external Territory to
        which this Act extends; '' NAME="equipment"> ``equipment" means any
        apparatus or equipment used, or intended for use, in or in connection
        with a telecommunications network, but does not include a line; ''
        NAME="exempt_activity"> ``exempt activity" means an activity, or
        conduct, engaged in the course of, for the purposes of, or otherwise
        in connection with:

   (a)  installing, maintaining or operating a telecommunications network; or

   (b)  without limiting paragraph (a), supplying, installing, maintaining or
        operating a facility; '' NAME="facility"> ``facility":

   (a)  in the case of a reference to a facility ancillary to a line link -
        has the meaning given by section 23; or

   (b)  otherwise - means:

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

   (ii) any line, equipment, tower, mast, antenna, tunnel, hole, pit, pole or
        other structure or thing used, or intended for use, in or in
        connection with a telecommunications network; or

   (iii) without limiting subparagraph (i) or (ii), a facility ancillary to a
        line link (as defined by section 23); '' NAME="federal_court">
        ``Federal Court" means the Federal Court of Australia; '' NAME="fund">
        ``Fund" means the Universal Service Fund established by section 322;
        '' NAME="general_carrier"> ``general carrier" means the holder of a
        general telecommunications licence in force under Part 5; ''
        NAME="higher_level_service"> ``higher level service" means a
        telecommunications service that is not a basic carriage service; ''
        NAME="included"> ``included", in relation to a BCS tariff, has the
        meaning given by section  21 ; '' NAME="install"> ``install" includes
        alter, move, remove and replace; '' NAME="international_service">
        ``international service" means a telecommunications service between a
        place within Australia and a place outside Australia; ''
        NAME="international_telecommunications_operator"> ``international
        telecommunications operator" means a person (other than a carrier) who
        operates a telecommunications network outside Australia for or in
        relation to the supply of international services, or who supplies such
        services; ``law", in relation to a State or Territory, does not
        include the common law of the State or Territory; '' NAME="levy">
        ``levy" means levy imposed by the
        Telecommunications (Universal Service Levy)  Act 1991 and assessed
        under Division 3 of Part 13 of this Act; '' NAME="licence">
        ``licence", in Parts 5, 6, 7, 8 and 16, means a general
        telecommunications licence, or a public mobile licence, in force under
        Part 5; '' NAME="licensee"> ``licensee", in Part 12, means a natural
        person who is the holder of a cabling licence; '' NAME="line"> ``line"
        means a wire, cable, optical fibre, tube, conduit, waveguide or other
        physical medium used, or intended for use, as a continuous artificial
        guide for or in connection with carrying communications by means of
        guided electromagnetic energy; '' NAME="line_link"> ``line link" has
        the meaning given by section 22; '' NAME="maintain"> ``maintain"
        includes adjust and repair; '' NAME="market"> ``market" has the same
        meaning as in the Trade Practices Act 1974; '' NAME="member">
        ``member" means a member of AUSTEL and:

   (a)  in Division 5 of Part 8, includes:

   (i)  an associate member directed to perform the duties of a member
        generally; and

   (ii) an associate member directed to perform the duties of a member in
        relation to specified matters that are related to the subject of the
        arbitration concerned; and

   (b)  in Part 17 (other than sections 367, 368, 372, 374 and 375), includes
        an associate member; and

   (c)  in section 375, includes:

   (i)  an associate member directed to perform the duties of a member
        generally; and

   (ii) an associate member directed to perform the duties of a member in
        relation to specified matters that are related to the question to be
        decided; '' NAME="mobile_carrier"> ``mobile carrier" means the holder
        of a public mobile licence in force under Part 5; ''
        NAME="modifications"> ``modifications" includes variations, additions,
        omissions and substitutions; '' NAME="national_numbering_plan">
        ``national numbering plan" means the plan prepared under section 239;
        '' NAME="net_cost_area"> ``net cost area", in relation to a financial
        year, means an area declared under section 294 to be a net cost area
        for that financial year; '' NAME="network_matter"> ``network matter"
        means a matter relating to:

   (a)  the operation of telecommunications networks; or

   (b)  the operation of facilities connected to, and within the boundaries
        of, telecommunications networks; or

   (c)  the supply of telecommunications services by means of
        telecommunications networks; '' NAME="ombudsman"> ``Ombudsman" means
        the Commonwealth Ombudsman; '' NAME="participating_carrier">
        ``participating carrier" has the meaning given by section 289; ''
        NAME="payphone"> ``payphone" means a fixed telephone that:

   (a)  is connected to a telecommunications network operated by a general
        carrier; and

   (b)  when in normal working order, cannot be used to make a telephone call
        (other than a free call or a call made with operator assistance)
        unless, as payment for the call, or to enable payment for the call to
        be collected:

   (i)  money, or a token, card or other object, has been put into a device
        that forms part of, is attached to, or is located near, the telephone;
        or

   (ii) an identification number, or a code or other information (in numerical
        or any other form), has been input into a device that forms part of,
        is attached to, or is located near, the telephone; or

   (iii) a prescribed act has been done; '' NAME="permit"> ``permit" means a
        permit issued under Division 6 of Part 12 for connection of customer
        equipment to a telecommunications network; ''
        NAME="prescribed_carrier_obligation"> ``prescribed carrier
        obligation", in relation to a carrier, means a condition:

   (a)  to which a general telecommunications licence or public mobile licence
        held by the carrier is subject; and

   (b)  in relation to which a declaration under subsection 71 (1) is in
        force, or for which section 72 or 292 provides; ''
        NAME="prescribed_external_territory"> ``prescribed external Territory"
        means an external Territory to which this Act extends and that is
        prescribed for the purposes of this definition; ''
        NAME="public_access_cordless_telecommunications_service"> ``public
        access cordless telecommunications service" has the meaning given by
        section 26; '' NAME="public_mobile_telecommunications_service">
        ``public mobile telecommunications service" has the meaning given by
        section  25 ; '' NAME="public_payphone"> ``public payphone" means a
        payphone located in a public place; '' NAME="public_place"> ``public
        place" means a place to which the public usually has access, or
        usually has access except during particular hours of the day or
        particular days of the week, but does not include:

   (a)  a place to which a person (other than a government, a public authority
        or an officer or employee of a government or of a public authority) is
        entitled to deny the public entry; or

   (b)  a vehicle, vessel, aircraft or other means of transport; ''
        NAME="public_telecommunications_network"> ``public telecommunications
        network", in Division 2 of Part 11, means a telecommunications network
        operated by a carrier; '' NAME="radcom_facility"> ``radcom facility"
        means a facility used for or in relation to carrying communications by
        means of radiocommunication; '' NAME="radiocommunication">
        ``radiocommunication" has the same meaning as in the
        Radiocommunications Act  1983 ; ''
        NAME="radiocommunications_transmitter"> ``radiocommunications
        transmitter" has the same meaning as in the
        Radiocommunications Act 1983; '' NAME="receiver"> ``receiver" has the
        same meaning as in the Radiocommunications Act 1983; ''
        NAME="reserved_line_link"> ``reserved line link" has the meaning given
        by section 24; '' NAME="satellite-based_facility"> ``satellite-based
        facility" means a facility in a satellite; '' NAME="service_area">
        ``service area" means:

   (a)  any geographical area within Australia; or

   (b)  any area of land; or

   (c)  any premises or part of premises; regardless of size, and whether or
        not constituting a property as defined by section 13 or a combined
        area as defined by section 14; '' NAME="standard_telephone_service">
        ``standard telephone service" means:

   (a)  unless paragraph (b) applies - a public switched telephone service
        that:

   (i)  is supplied by a carrier; and

   (ii) is supplied by means of a telephone handset that does not have
        switching functions; or

   (b)  if the regulations prescribe a telecommunications service, or
        telecommunications services, for the purposes of this definition -
        that telecommunications service or any of those telecommunications
        services; '' NAME="supplementary_access_condition"> ``supplementary
        access condition":

   (a)  in relation to a general telecommunications licence or a public mobile
        licence - has the meaning given by subsection 138 (1); and

   (b)  in relation to a carrier - means a supplementary access condition (as
        defined by subsection 138 (1)) of a general telecommunications licence
        or public mobile licence held by the carrier; '' NAME="telecom">
        ``Telecom" means the Australian Telecommunications Corporation; ''
        NAME="telecommunications_network"> ``telecommunications network" means
        a system, or series of systems, for carrying communications by means
        of guided or unguided electromagnetic energy or both; ''
        NAME="telecommunications_service"> ``telecommunications service" means
        a service for carrying communications by means of guided or unguided
        electromagnetic energy or both; '' NAME="terms_and_conditions">
        ``terms and conditions", in relation to supplying telecommunications
        services, includes:

   (a)  discounts, allowances, rebates or credits given or allowed in relation
        to supplying the services; and

   (b)  the supply of goods, or of other services, in respect of the
        telecommunications services; and

   (c)  the making of payments for goods, or for other services, supplied in
        respect of the telecommunications services; ''
        NAME="universal_service_carrier"> ``universal service carrier" has the
        meaning given by section 291; '' NAME="universal_service_obligation">
        ``universal service obligation" has the meaning given by section 288.
        ''PRE>



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