Telecommunications Legislation Amendment (Competition and Consumer) Act 2020 (47 of 2020)
Schedule 2 Local access lines
Telecommunications Act 1997
77 At the end of Part 8
Add:
161 Extended meaning of residential customer
Home-based business carried on by an individual
(1) For the purposes of this Part, if a business is carried on (otherwise than in the capacity of trustee) by an individual, and:
(a) most or all of the work of the business is carried out at the residence of the individual; or
(b) the business does not occupy any premises other than the residence of the individual;
the individual, in the individual's capacity as a customer, is taken to be a residential customer .
Home-based business carried on by a partnership
(2) For the purposes of this Part, if a business is carried on by a partnership, and:
(a) most or all of the work of the business is carried out at the residence of an individual who is:
(i) one of the partners of the partnership; or
(ii) the director, or one of the directors, of a corporation that is one of the partners of the partnership; or
(b) the business does not occupy any premises other than the residence of an individual who is:
(i) one of the partners of the partnership; or
(ii) the director, or one of the directors, of a corporation that is one of the partners of the partnership;
the partnership, in its capacity as a customer, is taken to be a residential customer .
Home-based business carried on by a corporation
(3) For the purposes of this Part, if a business is carried on (otherwise than in the capacity of trustee) by a corporation, and:
(a) most or all of the work of the business is carried out at the residence of an individual who is the director, or one of the directors, of the corporation; or
(b) the business does not occupy any premises other than the residence of an individual who is the director, or one of the directors, of the corporation;
the corporation, in its capacity as a customer, is taken to be a residential customer .
Home-based business carried on by a trust
(4) For the purposes of this Part, if a business is carried on by a trust, and:
(a) most or all of the work of the business is carried out at the residence of an individual who is:
(i) a trustee of the trust; or
(ii) the director, or one of the directors, of a corporation that is a trustee of the trust; or
(b) the business does not occupy any premises other than the residence of an individual who is:
(i) a trustee of the trust; or
(ii) the director, or one of the directors, of a corporation that is a trustee of the trust;
a trustee of the trust, in the trustee's capacity as a customer, is taken to be a residential customer .
162 Close proximity
(1) The Minister may, by legislative instrument, determine that, if specified circumstances exist in relation to premises and a line, the premises are taken, for the purposes of this Part, to be in close proximity to the line.
(2) The Minister may, by legislative instrument, determine that, if specified circumstances exist in relation to premises and a line, the premises are taken, for the purposes of this Part, not to be in close proximity to the line.
(3) A determination under subsection (1) or (2) must be of a legislative character.
Delegation to the ACCC
(4) The Minister may, by writing, delegate to the ACCC any or all of the Minister's powers under the following provisions:
(a) subsection (1);
(b) subsection (2).
(5) In performing a delegated function or exercising a delegated power, the ACCC must comply with any written directions of the Minister.