Section 10 - National Broadband Network Companies Act 2011 - Exemption—transport authorities

10Exemption—transport authorities

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#### 10 Exemption—transport authorities (1) Section 9 does not apply if: (a) both: (i) the eligible service is a carriage service; and (ii) the sole use of the carriage service is use by Airservices Australia to carry communications necessary or desirable for the workings of aviation services; or (b) the eligible service is a service that facilitates the supply of a carriage service covered by paragraph (a) of this subsection. (1A) Paragraph (1)(a) does not apply to a carriage service supplied to Airservices Australia unless the carriage service is supplied on the basis that Airservices Australia must not re‑supply the carriage service. (2) Section 9 does not apply if: (a) the eligible service is a carriage service, and the sole use of the carriage service is use by a State or Territory transport authority to carry communications necessary or desirable for the workings of the following services: (i) train services of a kind provided by the authority; (ii) bus or other road services of a kind provided by the authority; (iii) tram services of a kind provided by the authority; or (b) the eligible service is a service that facilitates the supply of a carriage service covered by paragraph (a) of this subsection. (2A) Paragraph (2)(a) does not apply to a carriage service supplied to a State or Territory transport authority unless the carriage service is supplied on the basis that the State or Territory transport authority must not re‑supply the carriage service. (3) Section 9 does not apply if: (a) both: (i) the eligible service is a carriage service; and (ii) the sole use of the carriage service is use by a rail corporation to carry communications necessary or desirable for the workings of train services; or (b) the eligible service is a service that facilitates the supply of a carriage service covered by paragraph (a) of this subsection. (4) Paragraph (3)(a) does not apply to a carriage service supplied to a rail corporation unless the carriage service is supplied on the basis that the rail corporation must not re‑supply the carriage service.