Telecommunications (Participating Person Exemption—Public Safety) Determination 2022
6Determination of a kind of exempt person
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6 Determination of a kind of exempt person
(1) For the purposes of subsection 44(2) of the Act, subsection (2) below prescribes the kind of person who is determined to be exempt from section 44 of the Act for the relevant Specified Period. (2) The kind of person is a person who: (a) at any time during the Specified Period was a Qualifying Entity; and (b) satisfies each of the following paragraphs during all times that the person was a Qualifying Entity in the Specified Period: (i) it owns, or is vested with and operates, a Government Radio Network; and (ii) it supplies carriage services using any telecommunications networks which it either owns, or is vested with and operates (including without limitation the Government Radio Network) only to Permitted Users and only for Permitted Purposes: and (iii) each carriage service it supplies (as referred to in paragraph (ii) above) is wholly on a non‑commercial basis or no‑profit basis.