7Definitions

#### 7 Definitions In this Act, unless the contrary intention appears: > ACCC means the Australian Competition and Consumer Commission. > ACCC’s telecommunications functions and powers means the functions and powers conferred on the ACCC by or under: (a) this Act; or (b) the Telecommunications (Consumer Protection and Service Standards) Act 1999; or (ba) the National Broadband Network Companies Act 2011; or (c) Part XIB of the Competition and Consumer Act 2010; or (d) Part XIC of the Competition and Consumer Act 2010; or (e) any other provision of the Competition and Consumer Act 2010, in so far as that provision applies to a matter connected with telecommunications. For this purpose, telecommunications means the carriage of communications by means of guided and/or unguided electromagnetic energy. > access, in relation to an emergency call service, has a meaning affected by section 18. > ACMA means the Australian Communications and Media Authority. > ACMA’s telecommunications functions means the functions that are telecommunications functions, in relation to the ACMA, for the purposes of the Australian Communications and Media Authority Act 2005. > ACMA’s telecommunications powers means the powers conferred on the ACMA by: (a) this Act; or (b) the Telecommunications (Consumer Protection and Service Standards) Act 1999; or (ba) Chapter 4 or 5 of the Telecommunications (Interception and Access) Act 1979; or (c) the Spam Act 2003; or (ca) the Do Not Call Register Act 2006; or (d) Part XIC of the Competition and Consumer Act 2010; or (e) section 12 of the Australian Communications and Media Authority Act 2005, in so far as that section relates to the ACMA’s telecommunications functions. > ACNC type of entity means an entity that meets the description of a type of entity in column 1 of the table in subsection 25‑5(5) of the Australian Charities and Not‑for‑profits Commission Act 2012. > administrative action, when used in Part 24B, has the meaning given by subsection 484J(2). > adverse security assessment has the meaning given by section 35 of the Australian Security Intelligence Organisation Act 1979. > AFP Minister means the Minister administering the Australian Federal Police Act 1979. > aircraft includes a balloon. > ASIO means the Australian Security Intelligence Organisation. > Australia, when used in a geographical sense, includes the eligible Territories. > Australian number has the same meaning as in the Do Not Call Register Act 2006. > authorised infringement notice officer means: (a) the Chair of the ACMA; or (b) a member of the staff of the ACMA appointed under section 572L; or (c) the Chairperson of the ACCC; or (d) a member of the staff of the ACCC appointed under section 572L. > base station that is part of a terrestrial radiocommunications customer access network has the meaning given by section 34. > broadcasting service has the same meaning as in the Broadcasting Services Act 1992. > building lot has the meaning given by section 372Q. > building unit has the meaning given by section 372S. > cabling licence means a licence granted under section 427. > carriage service means a service for carrying communications by means of guided and/or unguided electromagnetic energy. > carriage service intermediary means a person who is a carriage service provider under subsection 87(5). > carriage service provider has the meaning given by section 87. > carrier means the holder of a carrier licence. > carrier licence means a licence granted under section 56. > carry includes transmit, switch and receive. > civil penalty provision means: (a) a provision of this Act (other than section 317ZB) that is declared by this Act to be a civil penalty provision; or (b) a provision of the Telecommunications (Consumer Protection and Service Standards) Act 1999 that is declared by that Act to be a civil penalty provision; or (c) a provision of the Telecommunications (Interception and Access) Act 1979 that is declared by that Act to be a civil penalty provision for the purposes of this Act. > commercial electronic message has the same meaning as in the Spam Act 2003. > communications includes any communication: (a) whether between persons and persons, things and things or persons and things; and (b) whether in the form of speech, music or other sounds; and (c) whether in the form of data; and (d) whether in the form of text; and (e) whether in the form of visual images (animated or otherwise); and (f) whether in the form of signals; and (g) whether in any other form; and (h) whether in any combination of forms. > Communications Access Coordinator has the meaning given by section 6R of the Telecommunications (Interception and Access) Act 1979. > connected, in relation to: (a) a telecommunications network; or (b) a facility; or (c) customer cabling; or (d) customer equipment; includes connection otherwise than by means of physical contact, for example, a connection by means of radiocommunication. > connection permit means a permit issued under section 394. > constitutional corporation means a corporation to which paragraph 51(xx) of the Constitution applies. > content service has the meaning given by section 15. > content service provider has the meaning given by section 97. > contracted service provider: see subsections 484E(1) and (2). > controlled carriage service has the meaning given by section 14. > controlled facility has the meaning given by section 14. > controlled network has the meaning given by section 14. > customer cabling has the meaning given by section 20. > customer equipment has the meaning given by section 21. > data processing device means any article or material (for example, a disk) from which information is capable of being reproduced, with or without the aid of any other article or device. > Defence Department means the Department of State that deals with defence and that is administered by the Minister administering section 1 of the Defence Act 1903. > defence purposes means any one or more of the following: (a) the operation of command or control systems; (b) the operation, direction or use of a defence organisation; (c) the operation of intelligence systems; (d) the collection or dissemination of information relevant to the security or defence of: (i) the Commonwealth; or (ii) a foreign country that is allied or associated with the Commonwealth; (e) the operation or control of weapons systems, including any thing that, by itself or together with any other thing or things, is intended for defensive or offensive use in combat; (f) any other matter specified in the regulations. > demerged Telstra company has the meaning given by section 581J. > designated part of the spectrum has the meaning given by section 577H. > designated radiocommunications facility has the meaning given by section 31. > designated Telstra successor company: see section 581G. > Director‑General of Security means the Director‑General of Security holding office under the Australian Security Intelligence Organisation Act 1979. > directory assistance services means services that are: (a) provided to an end‑user of a standard telephone service to help the end‑user find the number of another end‑user of a standard telephone service; and (b) provided by an operator or by means of: (i) an automated voice response system; or (ii) another technology‑based system. > distinct places has the meaning given by section 36. > draft functional separation undertaking means a draft functional separation undertaking under Division 2 of Part 9 of Schedule 1. > draft migration plan means a draft migration plan under Subdivision B of Division 2 of Part 33. > eligible partnership means a partnership where each partner is a constitutional corporation. > eligible Territory means: (a) the Territory of Christmas Island; or (b) the Territory of Cocos (Keeling) Islands; or (c) an external Territory prescribed for the purposes of section 10. > emergency call contractor means a person who performs services for or on behalf of a recognised person who operates an emergency call service, but does not include a person who performs such services in the capacity of an employee of the person who operates the emergency call service. > Note: Recognised person who operates an emergency call service is defined by section 19. > emergency call person means: (a) a recognised person who operates an emergency call service; or (b) an employee of such a person; or (c) an emergency call contractor; or (d) an employee of an emergency call contractor. > Note: Recognised person who operates an emergency call service is defined by section 19. > emergency call service means a service for: (a) receiving and handling calls to an emergency service number; and (b) transferring such calls to an emergency service or a service for despatching an emergency service. For the purposes of paragraph (b), transferring a call includes giving information in relation to the call for purposes connected with dealing with the matter or matters raised by the call. > emergency service has the meaning given by subsection 466(1). > emergency service number has the meaning given by section 466. > exempt network‑user means: (a) a person: (i) who is entitled to use a network unit to supply a carriage service; and (ii) whose entitlement derives, directly or indirectly, from rights granted to a carrier; or (b) if: (i) a police force or service; or (ii) a fire service; or (iii) an ambulance service; or (iv) an emergency service (within its ordinary meaning) specified in the regulations; (the first force or service) uses a network unit for the sole or principal purpose of enabling either or both of the following: (v) communication between the members of the first force or service; (vi) communication between the members of the first force or service and the members of another force or service, where the other force or service is of a kind covered by subparagraph (i), (ii), (iii) or (iv); the first force or service. For the purposes of paragraph (b), an employee of a force or service is taken to be a member of the force or service. > facility means: (a) any part of the infrastructure of a telecommunications network; or (b) any line, equipment, apparatus, tower, mast, antenna, tunnel, duct, hole, pit, pole or other structure or thing used, or for use, in or in connection with a telecommunications network. > fax marketing industry means an industry that involves carrying on a fax marketing activity (as defined by section 109C). > Federal Court means the Federal Court of Australia. > fibre‑ready facility has the meaning given by subsection 372W(1). > final functional separation undertaking means a final functional separation undertaking under Division 2 of Part 9 of Schedule 1. > final migration plan means a final migration plan under Subdivision B of Division 2 of Part 33. > Finance Minister means the Minister administering the Public Governance, Performance and Accountability Act 2013. > fixed‑line facility has the meaning given by section 372V. > fixed radiocommunications link has the meaning given by section 35. > functional fibre‑ready facility has the meaning given by subsection 372W(2). > Home Affairs Department means the Department administered by the Home Affairs Minister. > Home Affairs Minister means the Minister administering the Security of Critical Infrastructure Act 2018. > Home Affairs Secretary means the Secretary of the Home Affairs Department. > hybrid fibre‑coaxial network means a telecommunications network: (a) that is for use for the transmission of any broadcasting service; and (b) that is also capable of being used to supply an internet carriage service; and (c) the line component of which consists of optical fibre to connecting nodes, supplemented by coaxial cable connections from the nodes to the premises of end‑users. > IGIS official (short for Inspector‑General of Intelligence and Security official) means: (a) the Inspector‑General of Intelligence and Security; or (b) any other person covered by subsection 32(1) of the Inspector‑General of Intelligence and Security Act 1986. > immediate circle has the meaning given by section 23. > import means import into Australia. > industry levy means levy imposed by the Telecommunications (Industry Levy) Act 2012. > infringement notice means an infringement notice under section 572E. > inspector has the meaning given by section 533. > integrated public number database scheme means the scheme in force under section 295A. > intercell hand‑over functions has the meaning given by section 33. > internet carriage service means a carriage service that enables end‑users to access the internet. > internet service provider has the same meaning as in the Online Safety Act 2021. > Layer 2 bitstream service means a carriage service that is: (a) a Layer 2 bitstream service (within the ordinary meaning of that expression); and (b) a listed carriage service; and (c) supplied using a line to premises occupied or used by an end‑user. For the purposes of determining the ordinary meaning of the expression used in paragraph (a), assume that Layer 2 has the same meaning as in the Open System Interconnection (OSI) Reference Model for data exchange. > line means a wire, cable, optical fibre, tube, conduit, waveguide or other physical medium used, or 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 30. > listed carriage service has the meaning given by section 16. > marketing fax means: (a) a marketing fax (within the meaning of the Do Not Call Register Act 2006) that is sent to an Australian number; or (b) a fax (within the meaning of the Do Not Call Register Act 2006) that is sent to an Australian number, where, having regard to: (i) the content of the fax; and (ii) the presentational aspects of the fax; it would be concluded that the purpose, or one of the purposes, of the fax is: (iii) to conduct opinion polling; or (iv) to carry out standard questionnaire‑based research. > member means a member of the ACMA (and does not include an associate member). > NBN corporation has the same meaning as in the National Broadband Network Companies Act 2011. This definition does not apply to: (a) section 577BA; or (b) section 577BC; or (c) clause 17 of Schedule 1; or (d) Part 5 of Schedule 1. > network unit has the meaning given by Division 2 of Part 2. > nominated carriage service provider means a carriage service provider covered by a declaration in force under subsection 197(4) of the Telecommunications (Interception and Access) Act 1979. > nominated carrier means a carrier in respect of whom a nominated carrier declaration is in force. > nominated carrier declaration means a declaration under section 81. > notifiable equipment has the same meaning as in the Telecommunications (Interception and Access) Act 1979. > numbering plan has the meaning given by section 455. > numbering scheme means the scheme for planning and managing: (a) the numbering of carriage services in Australia; and (b) the use of numbers in connection with the supply of such services; and (c) the specification, allocation and issuing of numbers for that use. > numbering scheme manager: see subsection 454A(2). > numbering scheme principles: see subsection 454C(2). > optical fibre line means a line that consists of, or encloses, optical fibre. > owner, in relation to a network unit, means a person who legally owns the unit (whether alone or together with one or more other persons). > person includes a partnership. > point‑to‑multipoint service means a carriage service which allows a person to transmit a communication to more than one end‑user simultaneously. > project area for a real estate development project has the meaning given by section 372Q. > public body means: (a) the Commonwealth, a State or a Territory; or (b) an authority, or institution, of the Commonwealth, a State or a Territory; or (c) an incorporated company all the stock or shares in the capital of which is beneficially owned by one of the following: (i) the Commonwealth; (ii) a State; (iii) a Territory; or (d) an incorporated company limited by guarantee, where the interests and rights of the members in or in relation to the company are beneficially owned by one of the following: (i) the Commonwealth; (ii) a State; (iii) a Territory. > public mobile telecommunications service has the meaning given by section 32. > radiocommunication has the same meaning as in the Radiocommunications Act 1992. > radiocommunications device has the same meaning as in the Radiocommunications Act 1992. > radiocommunications receiver has the same meaning as in the Radiocommunications Act 1992. > radiocommunications transmitter has the same meaning as in the Radiocommunications Act 1992. > real estate development project has the meaning given by section 372Q. > recognised person who operates an emergency call service has the meaning given by section 19. > recognised testing authority has the meaning given by section 409. > record‑keeping rule means a rule under section 529. > registered charity means an entity that is registered under the Australian Charities and Not‑for‑profits Commission Act 2012 as the type of entity mentioned in column 1 of item 1 of the table in subsection 25‑5(5) of that Act. > remedial notice means a notice under subsection 372JA(2). > satellite‑based facility means a radiocommunications transmitter, or a radiocommunications receiver, in a satellite. > sell: (a) when used in relation to a building lot—has the meaning given by section 372T; or (b) when used in relation to a building unit—has the meaning given by section 372U. > sender identification has the meaning given by section 484C. > service provider has the meaning given by section 86. > service provider rules has the meaning given by section 98. > SMS Sender ID Register means the register established and maintained under section 484E. > spectrum has the same meaning as in the Radiocommunications Act 1992. > spectrum licence has the same meaning as in the Radiocommunications Act 1992. > spoofing sender identification has the meaning given by section 484D. > standard questionnaire‑based research means research that involves people being asked to answer one or more standard questions, but does not include: (a) opinion polling; or (b) research of a kind specified in the regulations. > standard telephone service has the meaning given by section 6 of the Telecommunications (Consumer Protection and Service Standards) Act 1999. > subdivision of an area of land has a meaning affected by section 372R. > subscription television broadcasting licence has the same meaning as in the Broadcasting Services Act 1992. > telecommunications industry includes an industry that involves: (a) carrying on business as a carrier; or (b) carrying on business as a carriage service provider; or (c) supplying goods or services for use in connection with the supply of a listed carriage service; or (d) supplying a content service using a listed carriage service; or (e) manufacturing or importing customer equipment or customer cabling; or (f) installing, maintaining, operating or providing access to: (i) a telecommunications network; or (ii) a facility; used to supply a listed carriage service. > Telecommunications Industry Ombudsman has the same meaning as in the Telecommunications (Consumer Protection and Service Standards) Act 1999. > Telecommunications Industry Ombudsman scheme has the same meaning as in the Telecommunications (Consumer Protection and Service Standards) Act 1999. > telecommunications network means a system, or series of systems, that carries, or is capable of carrying, communications by means of guided and/or unguided electromagnetic energy. > telecommunications service has the same meaning as in the Telecommunications (Interception and Access) Act 1979. > telecommunications system has the same meaning as in the Telecommunications (Interception and Access) Act 1979. > telemarketing call means: (a) a telemarketing call (within the meaning of the Do Not Call Register Act 2006) that is made to an Australian number; or (b) a voice call (within the meaning of the Do Not Call Register Act 2006) that is made to an Australian number, where, having regard to: (i) the content of the call; and (ii) the presentational aspects of the call; it would be concluded that the purpose, or one of the purposes, of the call is: (iii) to conduct opinion polling; or (iv) to carry out standard questionnaire‑based research. > telemarketing industry means an industry that involves carrying on a telemarketing activity (as defined by section 109B). > Telstra has the same meaning as in the Telstra Corporation Act 1991. > Telstra Infraco Limited means Telstra Infraco Limited (ACN 051 775 556), as the company exists from time to time (even if its name is later changed). > Telstra Limited means Telstra Limited (ACN 086 174 781), as the company exists from time to time (even if its name is later changed). > Telstra successor company: see section 581F. > this Act includes the regulations. > universal service obligation has the same meaning as in the Telecommunications (Consumer Protection and Service Standards) Act 1999. > vessel means a vessel or boat of any description, and includes: (a) an air‑cushion vehicle; and (b) any floating structure.