Document ID: chunk:federal_register_of_legislation:C2024C00742:section:45
Version: federal_register_of_legislation:C2024C00742
Segment Type: section
Provision Reference: s 45
Character Range: 100408–101467

45  Exemption—defence
 (1) If the sole use of a network unit is use by, or on behalf of, a defence organisation to carry communications necessary or desirable for defence purposes, section 42 does not apply to the unit.
 (2) If:
 (a) the principal use of a network unit is use by, or on behalf of, a defence organisation to carry communications necessary or desirable for defence purposes; and
 (b) the remaining use of the unit is use by one or more carriers, or by one or more exempt network‑users, to supply carriage services and/or content services;
section 42 does not apply to the unit.
 (3) In this section:
defence organisation means:
 (a) the Defence Department; or
 (b) the Australian Defence Force; or
 (c) an organisation of a foreign country, so far as the organisation:
 (i) has functions corresponding to functions of, or of a part of, the Defence Department or the Australian Defence Force; and
 (ii) is authorised by the Commonwealth to operate or train in Australia or an external Territory; or
 (d) a part of such an organisation or body.