Telecommunications Act 1997
14Controlled carriage services, controlled networks and controlled facilities
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14 Controlled carriage services, controlled networks and controlled facilities
Controlled carriage services (1) For the purposes of this Act, if: (a) a carrier or carriage service provider supplies, or proposes to supply, a carriage service; and (b) the carriage service involves, or will involve, the use of a controlled network, or a controlled facility, of the carrier or of the provider, as the case may be; the carriage service is a controlled carriage service of the carrier or the provider, as the case may be. Controlled networks (2) For the purposes of this Act, if: (a) a carrier or carriage service provider operates a telecommunications network; and (b) the network satisfies the geographical test set out in subsection (4); the network is a controlled network of the carrier or the provider, as the case may be. Controlled facilities (3) For the purposes of this Act, if: (a) a carrier or carriage service provider operates a facility; and (b) the facility satisfies the geographical test set out in subsection (4); the facility is a controlled facility of the carrier or provider, as the case may be. Geographical test (4) For the purposes of this section, a telecommunications network, or a facility, satisfies the geographical test if: (a) the whole or any part of the network or facility, as the case requires, is, or will be, located in Australia; or (b) all of the following conditions are satisfied: (i) a person, or a group of persons, operates the network or the facility, as the case requires; (ii) the person, or at least one of the members of the group, carries on, or will carry on, a telecommunications‑related business wholly or partly in Australia; (iii) the network, or the facility, as the case requires, is used, or will be used, to supply a listed carriage service, or a service that is ancillary or incidental to such a service. Definition (5) In this section:
telecommunications‑related business means a business that consists of, or includes:
(a) supplying a carriage service; or
(b) supplying goods or services for use in connection with the supply of a carriage service; or
(c) supplying a content service; or
(d) installing, maintaining, operating or providing access to:
(i) a telecommunications network; or
(ii) a facility.