5Definitions

##### 5 Definitions Unless the contrary intention appears: > access agreement means an agreement made between 2 or more carriers for the purposes of: (a) subsection 137(2) or (3); or (b) one or more supplementary access conditions of one or more general telecommunications licences or public mobile licences; and has the additional meaning for which section 156 provides. > 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. > adjacent area, in relation to a State or Territory, has the same meaning as in the Petroleum (Submerged Lands) Act 1967. > allocation, in relation to a number in respect of telecommunications services to be provided across a public telecommunications network, includes reservation for the future use of that number. > 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. > appropriate fee, in relation to an application, means the fee for the application that is payable under the Telecommunications (Application Fees) Act 1991. > AUSTEL means the Australian Telecommunications Authority. > Australia includes the external Territories (if any) to which this Act extends. > basic carriage service has the meaning given by section 174. > 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; or (e) a document that constitutes a tariff of a kind referred to in paragraph (a) or (b) of this definition, or a part of such a document, being a document or part of a document that AUSTEL has disallowed under section 238A, except to the extent that its operation is continued under subsection 238A(11). > boundary, in relation to a telecommunications network, has a meaning affected by Division 2. > business day means a day that is not a Saturday, a Sunday or a public holiday or bank holiday in the place concerned. > cabling licence means a licence issued under Division 7 of Part 12 to perform 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. > carrier means a general carrier or a mobile carrier. > carry includes transmit, switch and receive. > Chairperson means the Chairperson of AUSTEL. > 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. > class licence means a class licence issued under Subdivision A of Division 3 of Part 10. > 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. > 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. > 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. > 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. > 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. > device has the same meaning as in the Radiocommunications Act 1992. > distinct places has the meaning given by Division 3. > dominate has a meaning affected by section 28. > earth-based facility means a facility other than a satellite-based facility. > 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. > eligible international service means an eligible service that is also an international service. > eligible service has the meaning given by section 18. > eligible Territory means an internal Territory, or an external Territory to which this Act extends. > emergency service number has the meaning given by section 242C. > 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. > exempt activity means an activity, or conduct, engaged in 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. > 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). > Federal Court means the Federal Court of Australia. > Fund means the Universal Service Fund established by section 322. > general carrier means the holder of a general telecommunications licence in force under Part 5. > higher level service means a telecommunications service that is not a basic carriage service. > included, in relation to a BCS tariff, has the meaning given by section 21. > install includes alter, move, remove and replace. > interference has the same meaning as in the Radiocommunications Act 1992. > international service means a telecommunications service between a place within Australia and a place outside Australia. > 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. > levy means levy imposed by the Telecommunications (Universal Service Levy) Act 1991 and assessed under Division 3 of Part 13 of this Act. > licence, in Parts 5, 6, 7, 8 and 16, means a general telecommunications licence, or a public mobile licence, in force under Part 5. > licensee, in Part 12, means a natural person who is the holder of a cabling licence. > 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. > line link has the meaning given by section 22. > maintain includes adjust and repair. > market has the same meaning as in the Trade Practices Act 1974. > 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. > mobile carrier means the holder of a public mobile licence in force under Part 5. > modifications includes variations, additions, omissions and substitutions. > national numbering plan means the plan prepared under section 239. > 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. > 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. > Ombudsman means the Commonwealth Ombudsman. > participating carrier has the meaning given by section 289. > 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. > permit means a permit issued under Division 6 of Part 12 for connection of customer equipment to a telecommunications network. > 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. > prescribed external Territory means an external Territory to which this Act extends and that is prescribed for the purposes of this definition. > public access cordless telecommunications service has the meaning given by section 26. > public mobile telecommunications service has the meaning given by section 25. > public payphone means a payphone located in a 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. > public telecommunications network, in Division 2 of Part 11, means a telecommunications network operated by a carrier. > radcom facility means a facility used for or in relation to carrying communications by means of radiocommunication. > radiocommunication has the same meaning as in the Radiocommunications Act 1992. > radiocommunications transmitter has the same meaning as in the Radiocommunications Act 1992. > receiver means a radiocommunications receiver within the meaning of the Radiocommunications Act 1992. > reserved line link has the meaning given by section 24. > satellite-based facility means a facility in a satellite. > 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. > 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. > 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. > Telecom means: (a) the Australian Telecommunications Corporation; and (b) any successor in law to the Australian Telecommunications Corporation under paragraph 11(c) of the Telstra Corporation Act 1991. > Telecommunications Industry Ombudsman means the Telecommunications Industry Ombudsman appointed under an Ombudsman scheme entered into by the carriers in accordance with the conditions of their licences. > telecommunications network means a system, or series of systems, for carrying communications by means of guided or unguided electromagnetic energy or both. > telecommunications service means a service for carrying communications by means of guided or unguided electromagnetic energy or both. > 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. > universal service carrier has the meaning given by section 291. > universal service obligation has the meaning given by section 288.