Commonwealth Numbered Acts

TELECOMMUNICATIONS ACT 1997 No. 47 of 1997 - SECT 7

In this Act, unless the contrary intention appears:
ACA means the Australian Communications Authority.
ACA's telecommunications functions has the same meaning as in the
Australian Communications Authority Act 1997.
ACA's telecommunications powers means the powers conferred on the ACA by or
under:

   (a)  this Act; or

   (b)  Part XIC of the Trade Practices Act 1974; or

   (c)  section 9 of the Australian Communications Authority Act 1997, in so
        far as that section relates to the ACA's telecommunications functions.
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 Telstra Corporation Act 1991; or

   (c)  Part XIB of the Trade Practices Act 1974; or

   (d)  Part XIC of the Trade Practices Act 1974; or

   (e)  any other provision of the Trade Practices Act 1974, 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.
aircraft includes a balloon.
approved universal service plan means an approved universal service plan under
Division 4 of Part 7.
Australia, when used in a geographical sense, includes the eligible
Territories.
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 .
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.
Chairman means the Chairman of the ACA.
civil penalty provision means:

   (a)  subsection 68(1); or

   (b)  subsection 68(2); or

   (c)  subsection 101(1); or

   (d)  subsection 101(2); or

   (e)  subsection 121(2); or

   (f)  subsection 121(3); or

   (g)  subsection 128(1); or

   (h)  subsection 128(2); or

   (i)  subsection 221(1); or

   (j)  subsection 221(2); or

   (k)  subsection 266(1); or

   (l)  subsection 266(3).
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.
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.
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 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.
designated radiocommunications facility has the meaning given by section 31.
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 universal service plan means a draft universal service plan under
Division 4 of Part 7.
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:

        (i)    a police force or service; or

        (ii)   a fire service; or

        (iii)  an ambulance service; or

        (iv)   a service specified in the numbering plan for the purposes of
               this subparagraph; or

        (v)    a service for despatching a force or service referred to in
               subparagraph (i), (ii), (iii) or (iv). 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 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 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;
Federal Court means the Federal Court of Australia.
fixed radiocommunications link has the meaning given by section 35.
immediate circle has the meaning given by section 23.
import means import into Australia.
inspector has the meaning given by section 533.
intercell hand-over functions has the meaning given by section 33.
levy means levy imposed by the Telecommunications (Universal Service  Levy)
Act 1997 .
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.
member means a member of the ACA (and does not include an associate member).
National Relay Service means the service operated by the Australian
Communication Exchange from 30 May 1995 for the purpose of facilitating the
transfer of messages between text telephone users and voice telephone users.
national universal service provider has the meaning given by section  150. 
net cost area has the meaning given by section 179 or 181.
network unit has the meaning given by Division 2 of Part 2.
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.
numbering plan has the meaning given by section 455.
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).
participating carrier has the meaning given by section 146.
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.
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 receiver has the same meaning as in the
Radiocommunications Act 1992.
radiocommunications transmitter has the same meaning as in the
Radiocommunications Act 1992.
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.
regional universal service provider has the meaning given by section  150. 
satellite-based facility means a radiocommunications transmitter, or a
radiocommunications receiver, in a satellite.
service provider has the meaning given by section 86.
service provider rules has the meaning given by section 98.
standard telephone service has the meaning given by section 17.
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 means the Telecommunications Industry
Ombudsman appointed under the Telecommunications Industry Ombudsman scheme.
Telecommunications Industry Ombudsman scheme means the scheme referred to in
section 246.
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.
Telstra has the same meaning as in the Telstra Corporation Act 1991.
this Act includes the regulations.
universal service obligation has the meaning given by section 149.
universal service provider means:

   (a)  the national universal service provider; or

   (b)  a regional universal service provider.
vessel means a vessel or boat of any description, and includes:

   (a)  an air-cushion vehicle; and

   (b)  any floating structure.