Document ID: chunk:federal_register_of_legislation:C2012C00870:clause:1_145
Version: federal_register_of_legislation:C2012C00870
Segment Type: clause
Provision Reference: sch 1 cl 145
Character Range: 94440–96554

145  Exemption—transport authorities
 (1) Subsection 143(2) 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.
 (2) 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.
 (3) Subsection 143(2) 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.
 (4) Paragraph (3)(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.
 (5) Subsection 143(2) 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.
 (6) Paragraph (5)(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.