88Supply to the public

88 Supply to the public

(1) This section sets out the circumstances in which a carriage service is taken, for the purposes of subsections 87(1), (2) and (3), to be supplied to the public. (2) If: (a) a carriage service is used for the carriage of communications between 2 end‑users; and (b) each end‑user is outside the immediate circle of the supplier of the service; the service is supplied to the public. (3) If: (a) a carriage service is used to supply point‑to‑multipoint services to end‑users; and (b) at least one end‑user is outside the immediate circle of the supplier of the service; the service is supplied to the public. (4) If: (a) a carriage service is used to supply designated content services (other than point‑to‑multipoint services) to end‑users; and (b) at least one end‑user is outside the immediate circle of the supplier of the service; the service is supplied to the public. (5) For the purposes of this section, a designated content service is a content service of a kind specified in a written determination made by the Minister. (6) A determination under subsection (5) is a legislative instrument.