Telecommunications (Carrier Licence Exemption) (ICON, DDTS, Electricity and Water Distribution) (Use for specified purposes) Determination 2023 (Cth)

Telecommunications (Carrier Licence Exemption) (ICON, DDTS, Electricity and Water Distribution) (Use for specified purposes) Determination 2023

I, Michelle Rowland, Minister for Communications, make the following determination.

Dated 14th September 2023

Michelle Rowland Minister for Communications

Contents Part 1—Preliminary 1 Name 2 Commencement 3 Authority 4 Definitions 5 Schedules Part 2—Exemptions and conditions 6 Designated ICON Communications Infrastructure 7 Designated DDTS Communications Infrastructure 8 Designated ActewAGL Corporation Communications Infrastructure 9 Designated Water Corporation Communications Infrastructure Schedule 1—Repeals

Part 1—Preliminary

1 Name This instrument is the Telecommunications (Carrier Licence Exemption) (ICON, DDTS, Electricity and Water Distribution) (Use for specified purposes) Determination 2023.

2 Commencement This instrument commences on the day after it is registered.

3 Authority This instrument is made under paragraph 51(1)(c) of the Telecommunications Act 1997.

4 Definitions Note 1: A number of expressions used in this instrument are defined in section 7 of the Act, including the following: (a) ACMA; and (b) carriage service. Note 2: The expression 'core function' used in this instrument has the meaning given by subsection 23(11) of the Act. In this instrument: Act means the Telecommunications Act 1997. ActewAGL Corporation means any one or more of the following entities: (a) the partnership between Icon Investments Limited (ACN 073 025 224) and Jemena Networks (ACT) Pty Ltd (ACN 008 552 663), trading principally as Evoenergy (ABN 76 670 568 688); or (b) Actew Retail Investments Pty Ltd (ACN 157 684 994); or (c) a related body corporate of an entity referred to in paragraph (a) or (b) above. Designated ActewAGL Corporation Communications Infrastructure means the telecommunications infrastructure comprising line links that are: (a) owned by an ActewAGL Corporation; and (b) located within the Australian Capital Territory. Designated ICON Communications Infrastructure means the Intra Government Communications Network telecommunications infrastructure owned by the Commonwealth and located in the Australian Capital Territory. Designated DDTS Communications Infrastructure means the telecommunications infrastructure comprising line links that are: (a) owned by the Crown in right of the Australian Capital Territory; and (b) located within the Australian Capital Territory. DDTS Government Group means the Australian Capital Territory Government's Digital Data and Technology Solutions Group or any other replacement group or agency responsible for the Territory's administration of the Designated DDTS Communications Infrastructure from time to time. Designated Water Corporation Communications Infrastructure means the telecommunications infrastructure comprising the line links that are: (a) owned by a Water Corporation; and (b) located within the Australian Capital Territory. ICON Department means the Commonwealth Department of Finance or other replacement Commonwealth body or agency responsible for the Commonwealth's administration of the Designated ICON Communications Infrastructure from time to time. ICON Secretary means the agency head of the ICON Department. Permitted Electricity Services means any carriage service that is necessary or desirable for managing the generation, transmission, distribution or supply of electricity. Permitted Gas Services means any carriage service that is necessary or desirable for managing the transmission, distribution or supply of natural gas in a pipeline. Permitted Water Services means any carriage service that is necessary or desirable for: (a) managing the distribution of water; (b) managing the supply of sewerage services; (c) managing the supply of storm water drainage services. related body corporate has the same meaning given to it by the Corporations Act 2001. Water Corporation means: (a) Icon Water Limited, trading as Icon Water (ACN 069 381 960) and wholly owned by the Crown in right of the Australian Capital Territory; and (b) a related body corporate of the entity referred to in paragraph (a) above.