Document ID: chunk:federal_register_of_legislation:C2024C00742:section:14
Version: federal_register_of_legislation:C2024C00742
Segment Type: section
Provision Reference: s 14
Character Range: 57240–59534

14  Controlled carriage services, controlled networks and controlled facilities

Controlled carriage services
 (1) For the purposes of this Act, if:
 (a) a carrier or carriage service provider supplies, or proposes to supply, a carriage service; and
 (b) the carriage service involves, or will involve, the use of a controlled network, or a controlled facility, of the carrier or of the provider, as the case may be;
the carriage service is a controlled carriage service of the carrier or the provider, as the case may be.

Controlled networks
 (2) For the purposes of this Act, if:
 (a) a carrier or carriage service provider operates a telecommunications network; and
 (b) the network satisfies the geographical test set out in subsection (4);
the network is a controlled network of the carrier or the provider, as the case may be.

Controlled facilities
 (3) For the purposes of this Act, if:
 (a) a carrier or carriage service provider operates a facility; and
 (b) the facility satisfies the geographical test set out in subsection (4);
the facility is a controlled facility of the carrier or provider, as the case may be.

Geographical test
 (4) For the purposes of this section, a telecommunications network, or a facility, satisfies the geographical test if:
 (a) the whole or any part of the network or facility, as the case requires, is, or will be, located in Australia; or
 (b) all of the following conditions are satisfied:
 (i) a person, or a group of persons, operates the network or the facility, as the case requires;
 (ii) the person, or at least one of the members of the group, carries on, or will carry on, a telecommunications‑related business wholly or partly in Australia;
 (iii) the network, or the facility, as the case requires, is used, or will be used, to supply a listed carriage service, or a service that is ancillary or incidental to such a service.

Definition
 (5) In this section:
telecommunications‑related business means a business that consists of, or includes:
 (a) supplying a carriage service; or
 (b) supplying goods or services for use in connection with the supply of a carriage service; or
 (c) supplying a content service; or
 (d) installing, maintaining, operating or providing access to:
 (i) a telecommunications network; or
 (ii) a facility.