45Exemption—defence

#### 45 Exemption—defence (1) If the sole use of a network unit is use by, or on behalf of, a defence organisation to carry communications necessary or desirable for defence purposes, section 42 does not apply to the unit. (2) If: (a) the principal use of a network unit is use by, or on behalf of, a defence organisation to carry communications necessary or desirable for defence purposes; and (b) the remaining use of the unit is use by one or more carriers, or by one or more exempt network‑users, to supply carriage services and/or content services; section 42 does not apply to the unit. (3) In this section: > defence organisation means: (a) the Defence Department; or (b) the Australian Defence Force; or (c) an organisation of a foreign country, so far as the organisation: (i) has functions corresponding to functions of, or of a part of, the Defence Department or the Australian Defence Force; and (ii) is authorised by the Commonwealth to operate or train in Australia or an external Territory; or (d) a part of such an organisation or body.