Commonwealth Consolidated Acts

TELECOMMUNICATIONS ACT 1997 - SECT 145

  (1)   Subsections   142C(2) and 143(2) do 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)   Subsections   142C(2) and 143(2) do 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)   Subsections   142C(2) and 143(2) do 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.