Schedule 1 Industry assistance Part 1 Amendments 1 317D Electronic service 11 (1) For the purposes of this Part, electronic service means: (a) a service that allows end-users to access material using a carriage service; or (b) a service that delivers material to persons having equipment appropriate for receiving that material, where the delivery of the service is by means of a carriage service; but does not include: (c) a broadcasting service; or (d) a datacasting service (within the meaning of the Broadcasting Services Act 1992). 12 (2) For the purposes of subsection (1), service includes a website. 13 (3) For the purposes of this Part, a person does not provide an electronic service merely because the person supplies a carriage service that enables material to be accessed or delivered. 2 3 4 5 6 7 8 9 10 14 15 (4) For the purposes of this Part, a person does not provide an electronic service merely because the person provides a billing service, or a fee collection service, in relation to an electronic service. 16 17 18 19 (5) A reference in this section to the use of a thing is a reference to the use of the thing either: (a) in isolation; or (b) in conjunction with one or more other things. 20 21 22 23 24 317E Listed acts or things (1) For the purposes of the application of this Part to a designated communications provider, listed act or thing means: (a) removing one or more forms of electronic protection that are or were applied by, or on behalf of, the provider; or (b) providing technical information; or (c) installing, maintaining, testing or using software or equipment; or 25 26 27 28 29 30 31 18 Telecommunications and Other Legislation Amendment (Assistance and Access) Bill 2018 No. , 2018