Document ID: chunk:federal_register_of_legislation:C2004A00700:clause:6_23b
Version: federal_register_of_legislation:C2004A00700
Segment Type: clause
Provision Reference: sch 6 cl 23B
Character Range: 134087–135362

23B  Anti‑avoidance—declared Internet carriage services

 (1) If:
 (a) the whole or a part of a datacasting service provided under a datacasting licence consists of an Internet carriage service; and
 (b) one or more persons enter into, begin to carry out, or carry out, a scheme; and
 (c) the ABA is of the opinion that the person, or any of the persons, who entered into, began to carry out, or carried out, the scheme did so for the sole or dominant purpose of avoiding the application to the licensee of Division 1 or 2;
the ABA may, by writing, determine that, for the purposes of the application of this Schedule to the licensee, the Internet carriage service is a declared Internet carriage service.

 (2) The person, or any of the persons, referred to in paragraphs (1)(b) and (c) may be the licensee.

 (3) A determination under subclause (1) has effect accordingly.

 (4) In this clause:

scheme means:
 (a) any agreement, arrangement, understanding, promise or undertaking, whether express or implied and whether or not enforceable, or intended to be enforceable, by legal proceedings; or
 (b) any scheme, plan, proposal, action, course of action or course of conduct, whether there are 2 or more parties or only one party involved.

Division 3—Other conditions