Document ID: chunk:federal_register_of_legislation:C2024C00195:section:95
Version: federal_register_of_legislation:C2024C00195
Segment Type: section
Provision Reference: s 95
Character Range: 156378–158178

95  Exempt premises—small networks
 (1) If:
 (a) a person is a member of an associated group during the whole or a part of a month; and
 (b) the total number of potentially chargeable premises in relation to the members of the group for that month is less than 2,000; and
 (c) one or more of those potentially chargeable premises are potentially chargeable premises in relation to the person for that month;
each of the potentially chargeable premises mentioned in paragraph (c) are exempt premises in relation to the person for that month.
 (2) If:
 (a) a person is not a member of an associated group during the whole or a part of a month; and
 (b) the total number of potentially chargeable premises in relation to the person for that month is less than 2,000;
each of those potentially chargeable premises are exempt premises in relation to the person for that month.

Associated group
 (3) For the purposes of this section, if:
 (a) a person is in a position to exercise control of:
 (i) a local access line; or
 (ii) a telecommunications network; and
 (b) the person has one or more associates;
then:
 (c) the person is taken to belong to an associated group; and
 (d) the associated group consists of the person and those associates.
 (4) For the purposes of subsection (3), the question of whether a person is in a position to exercise control of:
 (a) a local access line; or
 (b) a telecommunications network;
is to be determined in the same manner in which that question is determined for the purposes of Part 8 of the Telecommunications Act 1997.
 (5) For the purposes of subsection (3), the question of whether a person has one or more associates is to be determined in the same manner in which that question is determined for the purposes of Part 8 of the Telecommunications Act 1997.