Telecommunications Act 1997 - Determination under subsection 23(2), No. 1 of 1998 (Cth)

Determination under subsection 23(2), No. 1 of 1998

as amended

made under subsection 23(2) of the

Telecommunications Act 1997

This compilation was prepared on 13 September 2012
taking into account amendments up to Determination under subsection 23(2) (No. 1) 1998 (Amendment No. 1 of 2012)

Prepared by the Office of Legislative Drafting and Publishing,
Attorney-General’s Department, Canberra

I, RICHARD KENNETH ROBERT ALSTON, Minister for Communications, the Information Economy and the Arts, under subsection 23(2) of the Telecommunications Act 1997 (‘the Act’), determine that for the purposes of paragraph 23(1)(n) of the Act, a person’s immediate circle includes the following persons:

(1)   if the person is engaged in a specified joint venture with another person –

(a)    that other person; and

(b) any other person who, because of section 23 of the Act or this determination, is part of that other person’s immediate circle;

where the person mentioned in paragraphs (a) and (b) is being supplied with carriage services for purposes of, or incidental to, the activities of the specified joint venture; and

(2)   if the person has engaged another person as a specified contractor –

(a)    that other person; and

(b) any person who, because of section 23 of the Act or this determination, is part of that other person’s immediate circle;

where the person mentioned in paragraphs (a) and (b) is being supplied with carriage services for purposes of, or incidental to, work covered by the contract between the person and the specified contractor.

For the purposes of this determination:

Specified joint venture means an association of two or more persons, natural or corporate, who agree by contract to engage in a common undertaking for profit or product by combining their respective resources, where the following activities are not the common undertaking, and are no more than incidental to the common undertaking:

(a)    the supply of carriage services; and

(b)    the supply of a content service using a carriage service.

Specified contractor means a contractor engaged under a contract to a person where the following activities are not the subject of the contract and are no more than incidental to the contract:

(a)    the supply of carriage services; and

(b)    the supply of a content service using a carriage service.

Notes to the Determination under subsection 23(2), No. 1 of 1998

Note 1

The Determination under subsection 23(2), No. 1 of 1998 (in force under subsection 23(2) of the Telecommunications Act 1997) as shown in this compilation is amended as indicated in the Tables below.

Table of Instruments

Title	Date of Making / FRLI registration	Date of commencement	Application, saving or transitional provisions
Determination under subsection 23(2), No. 1 of 1998	21 Aug 1998 (see F2004B00441)	21 Aug 1998
Determination under subsection 23(2) (No. 1) 1998 (Amendment No. 1 of 2012)	12 Sept 2012 (see F2012L01864)	13 Sept 2012	—

Table of Amendments

ad. = added or inserted      am. = amended      rep. = repealed      rs. = repealed and substituted
Provision affected		How affected
Definition of Specified .................. Joint venture		am. 2012 No. 1