Telecommunications (Carrier Licence Exemption - ICON, SSICT and ACTEW Networks) Determination 2013 (No. 1)

Link to law: https://www.comlaw.gov.au/Details/F2013L00692

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 Commonwealth of Australia
 
Telecommunications Act 1997
 
Telecommunications (Carrier Licence Exemption — ICON, SSICT and ACTEW Networks)
Determination 2013 (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 19 April 2013               
 
 
 
STEPHEN MICHAEL CONROY
Minister for Broadband, Communications and the Digital Economy
 
                    ————————————————————————————
 
1          Name of Determination
 
This Determination is the Telecommunications (Carrier Licence Exemption — ICON, SSICT and ACTEW Networks) Determination 2013 (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.
 
ACTEW Corporation means ACTEW Corporation Ltd (ACN 069 381 960).
 
ActewAGL means any one or more of the following entities:
(a)    the partnership between ACTEW Distribution Ltd (ACN 073 025 224) and Jemena Networks (ACT) Pty Ltd (ACN 008 552 663), trading as ActewAGL Distribution (ABN 76 670 568 688); or
(b)   ActewAGL Generation Pty Ltd (ACN 157 684 994); or
(c)    a related body corporate of an entity referred to in paragraph (a) or (b) above.
 
Designated ACTEW Corporation Communications Infrastructure means the telecommunications infrastructure comprising the line links that are:
(a)    situated between the locations described at item 1 of Schedule 3 to this Determination; and
(b)   owned by the ACTEW Corporation; and
(c)    in existence as at the commencement of this Determination.
 
Designated Category A ICON Communications Infrastructure means the telecommunications infrastructure comprising the line links that are:
(a)    situated between the locations described at item 1 of Schedule 1 to this  Determination; and
(b)   owned by the Commonwealth; and
(c)    in existence as at the commencement of this Determination.
 
Designated Category B ICON Communications Infrastructure means the telecommunications infrastructure comprising the line links that are:
(a)    situated between the locations described at item 2 of Schedule 1 to this Determination; and
(b)   owned by the Commonwealth; and
(c)    in existence as at the commencement of this Determination.
 
Designated ICON Communications Infrastructure means the Designated Category A ICON Communications Infrastructure and the Designated Category B ICON Communications Infrastructure.
 
Designated SSICT Communications Infrastructure means the telecommunications infrastructure comprising the line links that are:
(a)    situated between the locations described at item 1 of Schedule 2 to this Determination; and
(b)   owned by the Crown in right of the Australian Capital Territory; and
(c)    in existence as at the commencement of this Determination.
 
related body corporate has the meaning given to it by the Corporations Act 2001.
 
Note 1:     Several other words and expressions used in this Determination have the meaning given by section 7 of the Act (see subsection 13(1) of the Legislative Instruments Act 2003). For example, ‘carriage service’ and ‘line link’.
 
Note 2:     The expression ‘core function’ used in this Determination has the meaning given by subsection 23(11) of the Act (see subsection 13(1) of the Legislative Instruments Act 2003).
 
 
 
4     Exemption – Designated Category A ICON Communications Infrastructure
 
Subject to the conditions set out in clause 6 below, section 42 of the Act does not apply in relation to the use of the Designated Category A ICON Communications Infrastructure, where the use is:
(a)    by ActewAGL or ACTEW Corporation; and
(b)   wholly or principally to support network resilience for one or more of the following purposes:
(i)                 managing the generation, transmission, distribution or supply of electricity;
(ii)               managing the transmission, distribution or supply of natural gas in a pipeline;
(iii)             managing the distribution of water;
(iv)             managing the supply of sewerage services;
(v)               managing the supply of storm water drainage services; and
(c)    authorised in writing by:
(i)                 the Commonwealth as represented by the Commonwealth Department of Finance and Deregulation (or other replacement Commonwealth body or agency responsible for the Commonwealth’s administration of the Designated ICON Communications Infrastructure); and
(ii)               ActewAGL or ACTEW Corporation (as applicable).
 
5     Exemption – Designated Category B ICON Communications Infrastructure
 
Subject to the conditions set out in clause 6 below, section 42 of the Act does not apply in relation to the use of the Designated Category B ICON Communications Infrastructure, where the use is:
(a)    by one or more of the following:
(i)                 the Crown in right of the Australian Capital Territory;
(ii)               an authority or institution of the Australian Capital Territory (other than an authority or institution that carries on a business as a core function); and
(b)               wholly or principally for the exercise or performance of a public function or duty; and
(c)                authorised in writing by:
(i)                 the Commonwealth as represented by the Commonwealth Department of Finance and Deregulation (or other replacement Commonwealth body or agency responsible for the Commonwealth’s administration of the Designated ICON Communications Infrastructure); and
(ii)               the Crown in right of the Australian Capital Territory as represented by the Australian Capital Territory Commerce and Works Directorate (or other replacement Australian Capital Territory directorate, department or agency responsible for the Territory’s administration of the Designated SSICT Communications Infrastructure).
 
6     Condition – ICON Communications Infrastructure
 
The exemptions in clauses 4 and 5 are subject to the condition that the Commonwealth Department of Finance and Deregulation must:
(a)    within 28 days of this Determination coming into force, create records which identify:
(i)         the line links; and
(ii)        the geographical coordinates for each endpoint of a line link;
comprising the Designated ICON Communications Infrastructure; and
(b)   retain the records required to be created under paragraph (a) above in a readily accessible and useable format for the duration of this Determination.
 
7     Exemption – Designated SSICT Communications Infrastructure
 
(1)   Subject to the conditions set out in subclause (2) below, section 42 of the Act does not apply in relation to the use of the Designated SSICT Communications Infrastructure, where the use is:
(a)    by one or more of the following:
(i)                 the Commonwealth; or
(ii)               an authority or institution of the Commonwealth (other than an authority or institution that carries on a business as a core function); and
(b)   wholly or principally for the exercise or performance of a public function or duty; and
(c)    authorised in writing by:
(i)                 the Commonwealth as represented by the Commonwealth Department of Finance and Deregulation (or other replacement Commonwealth body or agency responsible for the Commonwealth’s administration of the Designated ICON Communications Infrastructure); and
(ii)               the Crown in right of the Australian Capital Territory as represented by the Australian Capital Territory Commerce and Works Directorate (or other replacement Australian Capital Territory directorate, department or agency responsible for the Territory’s administration of the Designated SSICT Communications Infrastructure).
 
(2)   The exemption is subject to the condition that the Australian Capital Territory Commerce and Works Directorate must:
(a)    within 28 days of this Determination coming into force, create records which identify:
(i)         the line links; and
(ii)        the geographical coordinates for each endpoint of a line link;
comprising the Designated SSICT Communications Infrastructure; and
(b)   retain the records required to be created under paragraph (a) above in a readily
accessible and useable format for the duration of this Determination.
 
8     Exemption – Designated ACTEW Corporation Communications Infrastructure
 
(1)   Subject to the conditions set out in subclause (2) below, section 42 of the Act does not apply in relation to the use of the Designated ACTEW Corporation Communications Infrastructure, where the use is:
(a)    by one or more of the following:
(i)                 the Crown in right of the Australian Capital Territory;
(ii)               an authority or institution of the Australian Capital Territory (other than an authority or institution that carries on a business as a core function); and
(b)  wholly or principally for the exercise or performance of a public emergency management function or duty; and
(c) authorised in writing by:
(i)                 ACTEW Corporation; and
(ii)               the Crown in right of the Australian Capital Territory as represented by the Australian Capital Territory Commerce and Works Directorate (or other replacement Australian Capital Territory directorate, department or agency responsible for the Territory’s administration of the Designated SSICT Communications Infrastructure).
 
(2)   The exemption is subject to the condition that ACTEW Corporation must:
(a)    within 28 days of this Determination coming into force, create records which identify:
(i)         the line links; and
(ii)        the geographical coordinates for each endpoint of a line link;
comprising the Designated ACTEW Corporation Communications Infrastructure; and
(b)   retain the records required to be created under paragraph (a) above in a readily
accessible and useable format for the duration of this Determination.
 
Schedule 1
Item 1:            Locations - Designated Category A ICON Communications Infrastructure
Sub-item
Location A
Location B

1.1
Fyshwick, ACT
Duffy, ACT

1.2
Fyshwick, ACT
Greenway, ACT

1.3
Fyshwick, ACT
Mitchell, ACT

1.4
Fyshwick, ACT
Stromlo, ACT

 
Item 2:             Locations - Designated Category B ICON Communications Infrastructure
Sub-item
Location A
Location B

2.1
Dickson, ACT
Fairbairn, ACT

2.2
Dickson, ACT
Lyneham, ACT

2.3
Duffy, ACT
Duffy, ACT

2.4
Fairbairn, ACT
Fyshwick, ACT

2.5
Fyshwick, ACT
Fyshwick, ACT

2.6
Lyneham, ACT
Acton, ACT

2.7
Tuggeranong, ACT
Farrer, ACT

2.8
Tuggeranong, ACT
Pearce, ACT

2.9
Tuggeranong, ACT
Torrens, ACT

2.10
Tuggeranong, ACT
Tuggeranong, ACT

2.11
Tuggeranong, ACT
Wanniassa, ACT

2.12
Woden, ACT
Curtin, ACT

2.13
Woden, ACT
Deakin, ACT

2.14
Woden, ACT
Farrer, ACT

2.15
Woden, ACT
Mawson, ACT

2.16
Woden, ACT
Red Hill, ACT

2.17
Woden, ACT
Tuggeranong, ACT

2.18
Woden, ACT
Wanniassa, ACT

2.19
Woden, ACT
Woden, ACT

2.20
Woden, ACT
Woden, ACT

 
Schedule 2
Item 1: Locations - Designated SSICT Communications Infrastructure
Sub-item
Location A
Location B

1.1
Belconnen, ACT
Belconnen, ACT

1.2
Bruce, ACT
Bruce, ACT

1.3
Canberra City, ACT
Canberra City, ACT

1.4
Canberra City, ACT
Canberra City, ACT

1.5
Fyshwick, ACT
Symonston, ACT

1.6
Gungahlin, ACT
Mitchell, ACT

1.7
Hume, ACT
Tuggeranong, ACT

1.8
Lyons, ACT
Bruce, ACT

1.9
Lyons, ACT
Tuggeranong, ACT

1.10
Mitchell, ACT
Gungahlin, ACT

1.11
Symonston, ACT
Hume, ACT

1.12
Tuggeranong, ACT
Tuggeranong, ACT

1.13
Tuggeranong, ACT
Tuggeranong, ACT

1.14
Woden, ACT
Lyons, ACT

 
 
Schedule 3
Item 1: Locations - Designated ACTEW Corporation Communications Infrastructure
Sub-item
Location A
Location B

1.1
Duffy, ACT
Stromlo, ACT

1.2
Stromlo, ACT
Stromlo, ACT