Document ID: chunk:federal_register_of_legislation:C2023C00417:section:10
Version: federal_register_of_legislation:C2023C00417
Segment Type: section
Provision Reference: s 10
Character Range: 27236–29327

10  Exemption—transport authorities
 (1) Section 9 does not apply if:
 (a) both:
 (i) the eligible service is a carriage service; and
 (ii) the sole use of the carriage service is use by Airservices Australia to carry communications necessary or desirable for the workings of aviation services; or
 (b) the eligible service is a service that facilitates the supply of a carriage service covered by paragraph (a) of this subsection.
 (1A) Paragraph (1)(a) does not apply to a carriage service supplied to Airservices Australia unless the carriage service is supplied on the basis that Airservices Australia must not re‑supply the carriage service.
 (2) Section 9 does not apply if:
 (a) the eligible service is a carriage service, and the sole use of the carriage service is use by a State or Territory transport authority to carry communications necessary or desirable for the workings of the following services:
 (i) train services of a kind provided by the authority;
 (ii) bus or other road services of a kind provided by the authority;
 (iii) tram services of a kind provided by the authority; or
 (b) the eligible service is a service that facilitates the supply of a carriage service covered by paragraph (a) of this subsection.
 (2A) Paragraph (2)(a) does not apply to a carriage service supplied to a State or Territory transport authority unless the carriage service is supplied on the basis that the State or Territory transport authority must not re‑supply the carriage service.
 (3) Section 9 does not apply if:
 (a) both:
 (i) the eligible service is a carriage service; and
 (ii) the sole use of the carriage service is use by a rail corporation to carry communications necessary or desirable for the workings of train services; or
 (b) the eligible service is a service that facilitates the supply of a carriage service covered by paragraph (a) of this subsection.
 (4) Paragraph (3)(a) does not apply to a carriage service supplied to a rail corporation unless the carriage service is supplied on the basis that the rail corporation must not re‑supply the carriage service.