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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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