Commonwealth Numbered Acts

TELECOMMUNICATIONS ACT 1997 No. 47 of 1997 - SECT 87

Basic definition

(1) For the purposes of this Act, if a person supplies, or proposes to supply,
a listed carriage service to the public using:

   (a)  a network unit owned by one or more carriers; or

   (b)  a network unit in relation to which a nominated carrier declaration is
        in force; the person is a carriage service provider.

International carriage service providers

(2) For the purposes of this Act, if:

   (a)  a person supplies, or proposes to supply, a listed carriage service to
        the public using:

        (i)    a line link connecting a place in Australia and a place outside
               Australia; or

        (ii)   a satellite-based facility; and

   (b)  the carriage service is mentioned in paragraph 16(1)(b) or (c); the
        person is a carriage service provider.

Secondary users of exempt network units

(3) For the purposes of this Act, if:

   (a)  a carrier or an exempt network-user supplies a carriage service as
        mentioned in any of the following provisions:

        (i)    paragraph 45(2)(b);

        (ii)   paragraph 47(5)(b);

        (iii)  paragraph 47(6)(b);

        (iv)   paragraph 47(7)(b);

        (v)    paragraph 47(8)(b);

        (vi)   paragraph 48(2)(d);

        (vii)  paragraph 48(4)(b);

        (viii) paragraph 49(2)(b);

        (ix)   paragraph 50(2)(c);

        (x)    paragraph 50(5)(c);

        (xi)   paragraph 50(7)(c); and

   (b)  the carriage service is supplied to the public; the carrier or the
        exempt network-user, as the case may be, is a carriage service
        provider.

Declared carriage service providers

(4) The Minister may, by written instrument, declare that a specified person
who supplies, or proposes to supply, a specified listed carriage service is a
carriage service provider for the purposes of this Act. A declaration under
this subsection has effect accordingly. Note: For specification by class, see
subsection 46(2) of the Acts  Interpretation Act 1901 .

Intermediaries

(5) For the purposes of this Act, if:

   (a)  a person (the first person), for reward, arranges, or proposes to
        arrange, for the supply of a listed carriage service by a carriage
        service provider to a third person; and

   (b)  the first person would be a carriage service provider under subsection
        (1) or (2) if the person had supplied that carriage service; and

   (c)  the commercial relationship between the first person and the third
        person is, or is to be, governed (in whole or in part) by an agreement
        between the first person and the third person that deals with one or
        more matters relating to the continuing supply of the service (whether
        or not that supply is, or is to be, for a readily ascertainable
        period); and

   (d)  the conditions (if any) specified in a determination under subsection
        (8) are satisfied; the person is a carriage service provider. Note:
        Under section 7, carriage service intermediary is defined to mean a
        person who is a carriage service provider under this subsection.

(6) For the purposes of paragraph (5)(a), it does not matter whether the first
person makes arrangements as agent for:

   (a)  the carriage service provider; or

   (b)  the third person; or

   (c)  any other person.

(7) The reference in paragraph (5)(a) to reward does not include a reference
to remuneration received in the capacity of employee.

(8) The Minister may make a written determination for the purposes of
paragraph (5)(d).

Disallowable instrument

(9) An instrument under subsection (4) or (8) is a disallowable instrument for
the purposes of section 46A of the Acts Interpretation  Act 1901 .