Document ID: chunk:federal_register_of_legislation:C2004A04507:schedule:2:p9
Version: federal_register_of_legislation:C2004A04507
Segment Type: schedule
Provision Reference: sch 2 (pt 9/26)
Character Range: 42823–45658

or

               (B)     the supply of services by the carrier or supplier by means of a telecommunications network or facility; and

           (iii) the use is made for the purpose of the carrying on by any other carrier or supplier of its business relating to the supply of services by means of a telecommunications network or facility operated by the first-mentioned carrier or supplier; or

    (ga) if:

        (i) the person who made the use is a supplier; and

        (ii) the fact or document relates to:

               (A)    the operation or maintenance of a telecommunications network or facility operated by the supplier; or

               (B)     the supply of services by the supplier by means of a telecommunications network or facility; and

           (iii) the use is made for the purpose of the carrying on by a carrier or other supplier of its business relating to the supply of services by means of a telecommunications network or facility operated by the first-mentioned supplier; or";

   (l) by omitting from the definition of "employee" in subsection (5) "of an eligible service";

   (m) by inserting in subsection (5) "or supplier" after "carrier" (wherever occurring) in the definition of "communication in the course of telecommunications carriage";

(n) by inserting in subsection (5) the following definitions:

   " 'prescribed person' means:

     (a)     an employee of a carrier; or

     (b)     a supplier; or

     (c)     an employee of a supplier;

     'supplier' means a person who supplies an eligible service under a class licence.".

Restriction on use or disposal of certain reserved line links

45. Section 102 of the Principal Act is amended by adding at the end the following subsections:

"(3) If a reserved line link that is permitted to be installed or maintained under section 98 or subsection 99(1) or 101(1) is vested in, transferred to or otherwise acquired by another person by operation of law or otherwise, that other person:

  (a) must not use the line link except:

         (i) for the purpose of using it as mentioned in that section or subsection; or

         (ii) for or in relation to the supply of a telecommunications service to or by a general carrier; and

  (b) must not dispose of the line link except to a general carrier.

"(4) If a reserved line link, which is permitted to be installed or maintained under subsection 100(1) or 100(3), is vested in, transferred to or otherwise acquired by another person by operation of law or otherwise, that other person:

  (a) must not use the line link except:

         (i) as provided in, and in accordance with any conditions specified in, the authorisation; or

         (ii) for or in relation to the supply of a telecommunications service to or by a general carrier; and

  (b) must not dispose of the line