Industry assistance Schedule 1 Amendments Part 1 (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). 1 2 3 4 5 6 7 8 (2) For the purposes of subsection (1), service includes a website. 9 (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. 10 11 (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. 12 13 14 15 (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. 16 17 18 19 20 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 (d) ensuring that information obtained in connection with the execution of a warrant or authorisation is given in a particular format; or (e) facilitating or assisting access to whichever of the following are the subject of eligible activities of the provider: (i) a facility; (ii) customer equipment; 21 22 23 24 25 26 27 28 29 30 31 32 33 34 No. , 2018 Telecommunications and Other Legislation Amendment (Assistance and Access) Bill 2018 15

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