{"id":"F2004B00444","name":"Telecommunications Act 1997 - Determination under subsection 51(1) (No. 1 of 2002)","slug":"telecommunications-act-1997-determination-under-subsection-51-1-no-1-of-2002","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"repealed","isInForce":false,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":31437,"registerId":"commonwealth-F2004B00444-current","compilationNumber":null,"startDate":"2026-04-01","status":"Repealed","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Telecommunications Act 1997 - Determination under subsection 51(1) (No. 1 of 2002)","content":"COMMONWEALTH OF AUSTRALIA\n\nTelecommunications Act 1997\n\nDETERMINATION UNDER SUBSECTION 51(1) (No. 1 of 2002)\n\nI, RICHARD KENNETH ROBERT ALSTON, Minister for Communications, Information Technology and the Arts, under subsection 51(1) of the Telecommunications Act 1997 (‘the Act’), determine that section 42 of the Act does not apply in relation to a Wireless Network Unit where:\n\n(a) the Wireless Network Unit is used to supply a carriage service to users where the users are not in a distinct place from the Wireless Network Unit; and\n\n(b) a carrier licence or a nominated carrier declaration is not, or would not be, required under section 42 of the Act for a fixed line network used to supply a service that is the same as the service described in paragraph (a) in the same place as the place referred to in paragraph (a).\n\n(1) In this Determination:\n\nfixed line network means a network made up of one or more line links.\n\nWireless Network Unit means a network unit which is a base station that is part of a terrestrial radiocommunications customer access network.\n\n(2) In this Determination, base station that is part of a terrestrial radiocommunications customer access network, carriage service, carrier licence, distinct place, line link, network unit and nominated carrier declaration have the same meaning as in the Act.\n\nDated 12 September 2002.\n\nsigned\n\nMinister for Communications,\n\nInformation Technology and the Arts","sortOrder":0}],"analysis":{"kimi_summary":{"_metrics":{"model":"kimi-k2.5","source":"moonshot-batch","completionTokens":2616},"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"This is a discrete 2002 determination with a narrow, specific scope exempting on-site wireless networks from carrier licensing. It has not expanded beyond its original purpose."},"complexity_factors":["Hypothetical comparative test requiring analysis of whether a fixed-line network would need licensing","Technical defined terms imported by reference from parent Act (e.g., 'terrestrial radiocommunications customer access network')","Double-negative operative structure ('does not apply... where... not required')","Requires cross-referencing to section 42 of the Telecommunications Act 1997 to understand the exemption baseline"],"plain_english_summary":"This instrument exempts certain base stations (Wireless Network Units) from the Telecommunications Act carrier‑licence requirement when the users are co‑located with the equipment and the same service provided by fixed cabling at that location would not need a carrier licence. It lets organisations operating private on‑site wireless networks—campuses, factories, mines, hospitals—avoid carrier licensing, placing such wireless setups on the same regulatory footing as internal wired networks."}},"importantCases":[],"_links":{"self":"/api/acts/telecommunications-act-1997-determination-under-subsection-51-1-no-1-of-2002","history":"/api/acts/telecommunications-act-1997-determination-under-subsection-51-1-no-1-of-2002/history","analysis":"/api/acts/telecommunications-act-1997-determination-under-subsection-51-1-no-1-of-2002/analysis","conflicts":"/api/acts/telecommunications-act-1997-determination-under-subsection-51-1-no-1-of-2002/conflicts","importantCases":"/api/acts/telecommunications-act-1997-determination-under-subsection-51-1-no-1-of-2002/important-cases","documents":"/api/acts/telecommunications-act-1997-determination-under-subsection-51-1-no-1-of-2002/documents"}}