Commonwealth of Australia
Telecommunications Act 1997
Telecommunications (Carrier Licence Exemption) Determination 2012 (No. 1)
I, STEPHEN MICHAEL CONROY, Minister for Broadband, Communications and the Digital Economy, make the following determination and revocation under paragraph 51(1)(c) of the Telecommunications Act 1997 and subsection 33(3) of the Acts Interpretation Act 1901.
Dated 30 March 2012
STEPHEN CONROY
Minister for Broadband, Communications and the Digital Economy
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1 Name of Determination
This Determination is the Telecommunications (Carrier Licence Exemption) Determination 2012 (No. 1).
2 Commencement
This Determination commences on the day after it is registered on the Federal Register of Legislative Instruments.
3 Revocation
The Telecommunications (Carrier Licence Exemption) Determination 2009 (No. 1) is revoked.
4 Definitions
In this Determination:
Act means the Telecommunications Act 1997 (Cth).
Designated Communications Infrastructure means the telecommunications infrastructure situated in the State of Queensland, and owned by:
(a) QR National; or
(b) QTH; or
(c) Queensland Rail; or
(d) a related body corporate of an entity referred to in paragraph (a), (b), or (c) above.
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:
(a) QR National; or
(b) Queensland Rail; or
(c) a related body corporate of an entity referred to in paragraph (a) or (b) above;
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 Act 1993 (Qld), trading as Powerlink Queensland.
Powerlink Communications Infrastructure means the telecommunications infrastructure situated in the State of Queensland, and owned by Powerlink.
QR National means QR National Limited (ACN 146 335 622), a corporation constituted pursuant to the Corporations Act 2001 (Cth).
QTH means Queensland Treasury Holdings Pty Ltd (ACN 011 027 295), a corporation constituted pursuant to the Corporations Act 2001 (Cth).
Queensland Rail means Queensland Rail Limited (ACN 132 181 090), a corporation constituted pursuant to the Corporations Act 2001 (Cth), and declared to be a government owned corporation pursuant to the Government Owned Corporations Act 1993 (Qld).
related body corporate has the meaning given to it by the Corporations Act 2001 (Cth).
Note: In this Determination, the term carriage service has the same meaning given by section 7 of the Act (see subsection 13(1) of the Legislative Instruments Act 2003 (Cth)).
5 Exemption – Designated Communications Infrastructure
Section 42 of the Act does not apply in relation to the use of Designated Communications Infrastructure by:
(a) QR National; or
(b) Queensland Rail; or
(c) a related body corporate of an entity referred to in paragraph (a) or (b) above;
for the supply of Permitted Electricity-related Services.
6 Exemption – Powerlink Communications Infrastructure
Section 42 of the Act does not apply in relation to the use of Powerlink Communications Infrastructure by Powerlink for the supply of Permitted Rail‑related Services.
7 Cessation
This Determination ceases to have effect on 1 July 2021.
