Telecommunications (Carrier Licence Exemption) Determination 2004 (No. 1) (Cth)

Commonwealth of Australia

Telecommunications Act 1997

Telecommunications (Carrier Licence Exemption) Determination 2004 (No. 1)

I, HELEN LLOYD COONAN, Minister for Communications,  Information Technology and the Arts, make the following Determination under paragraph 51(1)(c) of the Telecommunications Act 1997.

Dated 17 November 2004

HELEN COONAN

Minister for Communications, Information Technology and the Arts

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1. Name of Determination

   This Determination is the Telecommunications (Carrier Licence Exemption) Determination 2004 (No. 1).

2. Commencement

   This Determination commences on gazettal.

   3             Cessation

   This Determination ceases to have effect at the earlier of the following times:

   (a)     30 June 2009;

   (b)    the first occasion on which the OFC is used for the supply of carriage services other than the Permitted Services.

   Note:  An example of the OFC being used for the supply of carriage services other than the Permitted Services  is where it is used to provide commercial telephony or data services to customers of the Tasmanian Government or Tasmanian Government employees and such services are not necessary for the operation or management of the Tasmanian gas pipelines.

   4             Definitions

   In this Determination:

   Act means the Telecommunications Act 1997.

   carriage service has the same meaning as in the Act.

   facility has the same meaning as in the Act.

   OFC means the optic fibre cable owned by the State of Tasmania that connects two or more SCADA sites, being the optic fibre cable adjacent to the Tasmanian gas pipelines between two or more SCADA sites (or between locations adjacent to SCADA sites).

   Permitted Services means the following carriage services, having a maximum aggregate bandwidth of 50Mb, where those services are necessary for the operation or management of the Tasmanian gas pipelines:

(a)     telemetry services using a local area network (including    a local area network access point); and

(b)   a voice over internet protocol telephony service.

SCADA site means a physical location in a population centre in Tasmania at which a facility necessary for the purpose of controlling or managing the provision of Permitted Services is located. 

Tasmanian gas pipelines means the gas pipelines between:

(a)     the Bass Strait pipeline landfall east of Five Mile Bluff and Bell Bay Power Station; and

(b)    Bell Bay Power Station and Port Latta; and

(c)    Bell Bay Power Station and Bridgewater;

and any other trunk gas pipeline in Tasmania that connects a pipeline mentioned in paragraph (a), (b) or (c) to a population centre in Tasmania.     

trunk gas pipeline means a gas pipeline that is not located solely in, or in the immediate vicinity of, a single population centre in Tasmania.

5             Exemption

Section 42 of the Act does not apply in relation to the use of the OFC by the State of Tasmania for the supply of the Permitted Services.