Commonwealth Consolidated Acts

TELECOMMUNICATIONS ACT 1997 - SECT 88

  (1)   This section sets out the circumstances in which a carriage service is taken, for the purposes of subsections   87(1), (2) and (3), to be supplied to the public.

  (2)   If:

  (a)   a carriage service is used for the carriage of communications between 2 end - users; and

  (b)   each end - user is outside the immediate circle of the supplier of the service;

the service is supplied to the public.

  (3)   If:

  (a)   a carriage service is used to supply point - to - multipoint services to end - users; and

  (b)   at least one end - user is outside the immediate circle of the supplier of the service;

the service is supplied to the public.

  (4)   If:

  (a)   a carriage service is used to supply designated content services (other than point - to - multipoint services) to end - users; and

  (b)   at least one end - user is outside the immediate circle of the supplier of the service;

the service is supplied to the public.

  (5)   For the purposes of this section, a designated content service is a content service of a kind specified in a written determination made by the Minister.

  (6)   A determination under subsection   (5) is a legislative instrument.