Telecommunications (Carrier Licence Exemption) Determination 2009 (No. 1) (Cth)

Commonwealth of Australia

Telecommunications Act 1997

Telecommunications (Carrier Licence Exemption)

Determination 2009 (No.1)

I, STEPHEN MICHAEL CONROY, Minister for Broadband, Communications and the Digital Economy, make the following Determination under paragraph 51(1)(c) of the Telecommunications Act 1997.

Dated 18 August 2009.

STEPHEN CONROY
Minister for Broadband, Communications and the Digital Economy

1        Name of Determination

This Determination is the Telecommunications (Carrier Licence Exemption) Determination 2009 (No. 1).

2        Commencement

This Determination commences on the day after it is registered on the Federal Register of Legislative Instruments.

3        Definitions

In this Determination:

Act means the Telecommunications Act 1997.

Carriage service has the same meaning as in the Act.

Minister means the Minister who administers the Act.

Permitted Electricity-related Services means any carriage service that is provided to Powerlink necessary or desirable for managing the generation, transmission, distribution or supply of electricity or the charging for the supply of electricity.

Permitted Rail-related Services means any carriage service that is provided to QR or any one or more of its wholly owned subsidiaries necessary or desirable for the workings of train services.

Powerlink means the Queensland Electricity Transmission Corporation Limited (ACN 078 849 233), a corporation constituted pursuant to the Corporations Act 2001 (Cth) and declared to be a Government Owned Corporation pursuant to the Government Owned Corporations Regulation 2004 (Qld) trading as Powerlink Queensland.

Powerlink Communications Infrastructure means the telecommunications infrastructure owned by Powerlink in the State of Queensland.

QR means QR Limited (ACN 124 649 967), a corporation constituted pursuant to the Corporations Act 2001 (Cth) and declared to be a Government Owned Corporation pursuant to the Government Owned Corporations Regulation 2004 (Qld).

QR Network means QR Network Pty Ltd (ACN 132 181 116), a proprietary company incorporated in the State of Queensland, and which is wholly owned by QR.

QR Network Communications Infrastructure means the telecommunications infrastructure owned by QR or QR Network.

4        Cessation

This Determination ceases to have effect on 1 July 2019.          

5        Exemption

Section 42 of the Act does not apply in relation to:

(a)       use of the Powerlink Communications Infrastructure by Powerlink for the supply of Permitted Rail-related Services; and

(b)       use of the QR Network Communications Infrastructure by QR or QR Network for the supply of Permitted Electricity-related Services.