AARNet Pty Ltd
Policy on Allowed Access to AARNet
(Provision of Carrier and Carriage Services)
1 April 1999
This policy has been developed from the earlier version which was approved by the Australian Vice-Chancellors’ Committee (AVCC) on 10 March 1998, and takes into account: the arrangements with AARNet Pty Ltd’s (APL’s) suppliers; the Telecommunications Act 1997 (Cth) (Act); and the exemptions from the Carrier and Carriage Service obligations of that Act granted to eligible tertiary education institutions (specifically AVCC Member institutions) by the Minister for Communications, the Information Economy and the Arts.
Importantly, whereas the earlier policies consisted of a statement of principles endorsed by the AVCC, this policy encompasses legislative and contractual obligations on the use of the AARNet infrastructure resulting from arrangements with APL’s Internet access and backbone network provider and restrictions flowing from the Act, together with the exemptions under subsections 51(1) and 95(1) of the Act.
Unless otherwise stated, the access policies below refer to the use of telecommunication services and plant and therefore address the carriage of data, images, voice and video.  Legislation affecting the provision of on-line content is being drafted by the Government and will be the subject of further advice to AARNet Members.  In the meantime, AARNet Members may publish electronic information that would then be accessible to the wider community through other carriage service providers (eg ISPs).  However, AARNet Members must abide by the obligations of the Copyright Act and Trade Practices Act, particularly where these Acts apply to electronic publishing and provision of information. 
AARNet Members (AVCC Member institutions, CSIRO, DSTO, ANSTO and AIMS) must abide by the policies set out below.
AARNet Members must ensure that those non-AARNet Members to whom they allow access abide by the policies set out below.
Those users authorised under points 1 and 2 below are together known as authorised users for the purpose of this policy.
APL believes that the following is a fair and accurate statement of the contractual and legislative requirements applying in relation to the use of and access to AARNet.  However, compliance with the contractual and legislative requirements remains the responsibility of each AARNet Member.

1.	Access provided to AARNet by AVCC Member institutions
Other than as provided in points 3 and 4 below, AVCC Member institutions may use AARNet for or in connection with research, educational or administrative functions of AVCC Member institutions.
(a)	This may include providing access for the above purposes to:
(i)	staff;
(ii)	students;
(iii)	associated individuals (eg visiting fellows, honorary research associates);
(iv)	campus based student and staff associations;
(v)	entities that are wholly owned by AVCC Member institutions;
(vi)	Tertiary Admissions Centres associated with AVCC Member institutions;
(vii)	participants in Cooperative Research Centres, Cooperative Multimedia Centres, and other collaborative ventures where:
•	the principle objective of such a collaborative venture is the advancement of university teaching, administration and/or research; and
•	each participant in a collaborative venture complies with the policy in point 3 below;
(viii)	publicly funded not-for-profit research agencies that are jointly undertaking teaching, administration and/or research programs with an AVCC Member institution (eg the Anglo Australian Observatory);
(ix)	conferences, congresses and workshops where there exists an educational, research or professional society association with the AVCC Member institution (but not in circumstances where the conference, congress or workshop has a principally commercial objective).
(b)	Access may also be granted for:
(i)	affiliated bodies (eg residential colleges);
(ii)	those sections or departments of AARNet Members situated within another organisation, (eg the teaching and research departments of the AARNet Member within a hospital; however this access must not extend to providing access to the hospital itself); and
(iii)	the CSIRO, DSTO, ANSTO and AIMS for their use in connection with their research and administration,
provided that either an AVCC Member institution owns the network units used to convey any information or these network units are leased from a carrier.  Any AVCC Member Institution-owned network unit must predominantly carry AVCC traffic.
2.	Access to AARNet by CSIRO, DSTO, ANSTO and AIMS
Other than as provided in points 3 and 4 below, CSIRO, DSTO, ANSTO and AIMS may use AARNet in connection with their research or administration functions provided that either an AVCC Member institution owns the network units used to convey any information across the AARNet network or the network units are leased from a carrier.

3.	Access to AARNet by non-AARNet Members
AARNet Members who provide access to AARNet to non-AARNet Members must ensure that non-Members:
(a)	do not use AARNet access for purposes other than for the purposes they are permitted access;
(b)	do not provide access to AARNet to anyone else;
(c)	do not undertake commercial activities (other than commercial activities that are related to the teaching, research or administrative functions of AVCC Member institutions, or the research and administrative functions of CSIRO, DSTO, ANSTO or AIMS); and
(d)	comply with this and other AARNet policies.
4.	Restrictions on Provision of Access by AARNet Members
AARNet Members must not provide access to any individual, group or organisation where that access is for purposes that:
•	are not related to the teaching, research or administrative activities of the AVCC Member institution; or
•	are not related to the research or administrative functions of CSIRO, DSTO, ANSTO, AIMS; or
•	comprise commercial activities (other than those commercial activities that form part of the teaching or research activities of the AARNet Member, such as providing access to AARNet to fee-paying students).
Specifically, AARNet access must not be provided to:
(a)	vendors and commercial clients of AARNet Members;
(b)	organisations based in Technology Parks, unless covered in 1 above;
(c)	government departments and agencies, unless covered in 1 above;
(d)	TAFE and VET institutions, unless these are an integral part of a university AARNet Member (ie a dual-sector university with a TAFE component, eg RMIT);
(e)	schools and community organisations; and
(f)	members of Alumni associations (except that AARNet Members may provide information services (eg Web page hosting) to members of Alumni associations and to other external bodies.  However access to these information services by such associations and bodies, and by other parties, must be provided through carriage service providers).
5.	Non-compliant intra-campus traffic
Transit of traffic within an AVCC Member institution campus network that does not otherwise comply with this policy is allowed under the exemption from carrier and carriage service obligations.  Such traffic destined for the wider Internet, must be channelled to a carriage service provider through a connection within the campus boundary.  This concession under the exemption is intended to facilitate the provision of services on campus while ensuring that traffic that does not otherwise conform with this policy is redirected before leaving the campus.
6.	Remote Access
Staff and students of an AARNet Member may access the International, National and AARNet Backbone Services remotely only by any one or more of the following:
(a)	by dial-in modem banks owned or operated by or on behalf of an AARNet Member or RNO;
(b)	in accordance with an agreement between an AARNet Member or an RNO, and a third party under which:
•	the third party provides staff and/or students with dial-in access to an AARNet Member’s or RNO’s facilities;
•	the staff and/or students may not access the International, National or AARNet Backbone Services directly, but only via servers located at the AARNet Member’s or RNO’s facilities, and only after appropriate authentication has occurred; and
•	traffic from that AARNet Member or RNO to the third party terminates within the boundaries of that third party, and traffic from the third party to that AARNet Member or RNO originates within the boundaries of that third party;
(c)	via the Optus gateways from the national or international Internet; or
(d)	by other means agreed to in writing by Optus and APL.
7.	Access to proxy/cache content by non-authorised users
Other than as permitted under clause 7A below, or unless otherwise agreed to in writing between Optus and APL:
(a)	any access by a person who is not an authorised user (ie not covered under clauses 1 or 2 above) to the proxy/cache content of an AARNet Member or an RNO; and
(b)	any peering between the proxy/cache servers of an AARNet Member or an RNO, and the proxy/cache servers of any other person (other than another AARNet Member or RNO),
must only be via the Optus gateways from the national or international Internet.
7A.	Clause 7 does not prevent:
(a)	any person who:
(i)	is not an authorised user; and
(ii)	is located on premises owned or occupied by an AARNet Member,
from accessing the proxy/cache content of that AARNet Member, provided that such access is not used by that person for commercial gain; and
(b)	any AARNet Member or RNO from peering with any other person in relation to the transfer of Usenet news.
8.	Exclusive use of APL’s supplier’s Telecommunications Services
The telecommunications services (‘Services’) provided to APL by APL’s Internet access and backbone network supplier (‘Supplier’) must be used by AARNet Members for access to AARNet permitted under this policy.  The Services encompass access to the international and national Internet and interconnection of Regional Network Organisation hub sites.
Accordingly, for access allowed under this policy, services equivalent in functionality to the Supplier’s Services must not be acquired from another provider unless the Supplier is unwilling or unable to provide that service on the basis agreed with APL.
The Supplier also offers newsfeed and DNS forwarding services and may offer a multicast service.  Services such as newsfeeds and multicast sourced from another provider must not transit the gateway between AARNet and the domestic Internet.
9.	Indemnities
It is the responsibility of each AARNet Member to ensure that it is adequately protected from breach of legislative and contractual obligations by obtaining suitable releases and indemnities from those persons and organisations to whom it provides access to AARNet.
10.	Register of Non-Members
Each AARNet Member must maintain a list of non-Members to whom it provides AARNet access and must make this information available for review by APL.  This information may be required for audit of contractual compliance or Ministerial review.  As the current exemptions cease to have effect on 31 December 1999 (or such later date as is determined by the Minister), a Ministerial review is likely to be undertaken prior to this date.
11.	Obligations under the Telecommunications Act 1997 (Cth)
If an AARNet Member provides access to AARNet that contravenes any provision of the exemptions granted to AVCC Member institutions from the carrier and carriage service obligations of the Telecommunications Act 1997 (Cth) (Act), that AARNet Member must abide by the requirements of the Act.  Compliance with obligations and payment of penalties under the Act are the responsibility of that AARNet Member.
Access that contravenes any provision of the exemptions from carrier and carriage service obligations of the Act granted to AVCC Member institutions must not:
•	transit the AARNet backbone network (including the inter-Regional Network Organisation links and the links to national and international Internet gateways); or
•	transit the infrastructure of any other AARNet Member (unless that AARNet Member also complies with the carrier, carriage service, and other requirements of the Act).
12.	Clarifications
Because the legislation is largely untested, the interpretation of the determinations is complex and the application of the principles contained in this policy is not without difficulty APL will, from time to time, issue clarification statements to assist AARNet Members to give effect to this policy document.
1 April 1999

attachments:
•	Determination under subsection 51(1) of the Telecommunications Act 1997
•	Explanatory Statement on the Determination under subsection 51(1) of the Telecommunications Act 1997
•	Determination under subsection 95(1) of the Telecommunications Act 1997
•	Explanatory Statement on the Determination under subsection 95(1) of the Telecommunications Act 1997

COMMONWEALTH OF AUSTRALIA

Telecommunications Act 1997

DETERMINATION UNDER SUBSECTION 51(1)

I, RICHARD KENNETH ROBERT ALSTON, Minister for Communications, the Information Economy and the Arts, under subsection 51(1) of the Telecommunications Act 1997 (‘the Act’), determine that section 42 of the Act does not apply in relation to:

(a)	a network unit owned by an eligible tertiary education institution if the sole use of the unit is for or in connection with the research, educational or administrative functions of:

(i)	the institution; or

(ii)	the institution and another eligible tertiary education institution; or

(iii)	another eligible tertiary education institution; or

(b)	a network unit owned by an eligible tertiary education institution if:

(i)	the principal use of the unit is for or in connection with the research, educational or administrative functions of:

(A)	the institution; or

(B)	the institution and another eligible tertiary education institution; or

(C)	another eligible tertiary education institution; and

(ii)	the remaining use of the unit is use:

(A)	for or in connection with the research and administrative functions of the Commonwealth Scientific and Industrial Research Organisation, the Defence Science and Technology Organisation, the Australian Institute of Marine Science or the Australian Nuclear Science and Technology Organisation; or

(B)	for or in connection with the functions of an affiliate of the institution; or

(C)	by one or more carriers, or by one or more exempt 
	network-users, to supply carriage services and/or content services to the public; or

(c)	a network unit owned by an eligible tertiary education institution where the unit connects two or more points within a single campus of the institution.

A reference in this Determination to research, educational or administrative functions includes:

(a)	a research or educational project engaged in jointly by an eligible tertiary education institution and another person; and

(b)	the co-ordination of student enrolments and shared access to educational materials.

For this Determination, a point within a campus includes a point on the boundary of the campus.

In this Determination:

affiliate, in relation to an eligible tertiary education institution, means a body that is formally affiliated with the institution (whether by reason of the institution’s founding statute or otherwise) that is:

(a)	a residential college providing accommodation and academic and pastoral care for academic staff and students of the institution; or

(b)	an education and research establishment providing facilities and support to students of the institution in connection with collaborative research and postgraduate training activities;

campus means a property the principal use of which, or one of the principal uses of which, is for the purposes of an eligible tertiary education institution and includes leases or subleases of a part of the property granted to another person;

educational materials means materials or equipment for use in or in connection with teaching or learning in an eligible tertiary education institution.

eligible tertiary education institution means a tertiary education institution within the meaning of section 23 of the Act that is a member of the Australian Vice-Chancellor’s Committee.

This Determination ceases to have effect on 31 December 1999, or on such later date as is determined by the Minister.

Dated 12 January 1998.

Minister for Communications, 
the Information Economy and the Arts

EXPLANATORY STATEMENT

Determinations under section 51 of the Telecommunications Act 1997: Australian Vice-Chancellors’ Committee (AVCC)

Issued by the Authority of the Minister for Communications, the Information Economy and the Arts

Subsection 42 of Telecommunications Act 1997 (the Act) provides that the owner or owners of a network unit must not use the unit, either alone or jointly with one or more other persons, to supply a carriage service to the public, unless:

	(a) they hold a carrier licence; or

	(b) a nominated carrier declaration is in force in relation to the unit.

The Australian Vice-Chancellors’ Committee (AVCC) applied to the Minister for Communications and the Arts for an exemption under s.51 of the Act in relation to communications facilities owned by Universities and used to operate AARNet, a national education and research network.

Subsection 51(1) of the Act enables the Minister to make a determination exempting specified network units, specified persons or specified uses of a network unit from the application of s.42.  

The purpose of the determination is to exempt eligible tertiary education institutions from s.42 of the Act (and thus having to hold a carrier licence or obtain a nominated carrier declaration) in relation to specified network units where those units are used to operate the AARNet, which provides communications services for the research, education and administrative functions of Australian universities and related purposes.

The Vice-Chancellors of Australia’s 37 universities constitute the membership of the AVCC.  Since 1990, the AVCC has been the vehicle through which its member institutions have coordinated and managed AARNet, the national education and research network, comprised  of member, regional and national telecommunications infrastructure.

AARNet provides telecommunications services to:

•	AVCC members;
•	the Commonwealth Scientific and Industrial Research Organisation (CSIRO) - a founding member of AARNet;
•	the Australian Nuclear Science Technology Organisation (ANSTO);
•	the Defence Science and Technology Organisation (DSTO); and
•	the Australian Institute of Marine Science (AIMS).

The AARNet access policy proscribes provision of access and services to commercial clients or on a commercial basis and focuses on activities consistent with member educational and research objectives.  The AARNet service is supplied by means of telecommunications facilities owned by AVCC members (largely microwave links) and operated as regional networks connected by carrier acquired backbone links.

SUBSECTION 51 (1)

Paragraph (a) of the Determination provides that if the sole use of a network unit, which is owned by an eligible tertiary education institution, is for the research, educational or administrative functions of a tertiary education institution then s.42 will not apply.

This is intended to provide a broad exemption for eligible tertiary education institutions to own and operate network units for the research, education and administrative functions of all eligible tertiary education institutions.  In particular, it is intended that this exemption should enable:

•	one tertiary education institution to allow network units it owns to be used for the research, education or administrative functions of one or more other tertiary education institutions (eg, to enable the AARNet Internet service which is used by all AVCC members to be supplied over the specified network units); and

•	the use of the specified network units for teleteaching, shared access to library or research services (eg inter-library loans and electronic access to the catalogues of other libraries), student admissions activities, Open Learning and distance education programs where they are a function of a tertiary education institution and servicing tertiary education institution staff and students who are located off-campus (eg in hospitals).

Paragraph (b) of the Determination provides that section 42 of the Act does not apply if the principal use of the network unit is the same as those described in paragraph (a) and the remaining use of the specified network units is:

•	for the research and administrative functions of the CSIRO, the Australian Nuclear Science and Technology Organisation (ANSTO), the Defence Science and Technology Organisation (DSTO), and Australian Institute of Marine Sciences (AIMS) who are members of the AARNet network;

•	by institutions affiliated to an eligible tertiary education institution (such as residential colleges or affiliated research institutions); and

•	exempt network-users (as defined by s.7 of the Act).

The CSIRO, ANSTO, DSTO and AIMS are current users of the AARNet network.  The proposed exemption contained in paragraph (b) will enable services to continue to be supplied to these institutions, however, the primary purposes of the network units must continue to be for the use of eligible tertiary education institutions.  This exemption will also enable the remaining use of network units owned by eligible tertiary education institutions to be for the use of institutions affiliated to those institutions.

Paragraph (c) of the Determination provides that where a network unit owned by a tertiary education institution to which the Determination applies connects two or more points within a single campus of the institution, s.42 does not apply.

The intention of paragraph (c) of the Determination is to exempt all network units within a tertiary education institution campus.  In particular, this will allow groups (such as co-op bookshops or other retail businesses and other entities located on a campus but who are not otherwise covered by this exemption) to use those network units to carry communications to the boundary of the campus, after which the public network must be used.

To avoid doubt, references made in the Determination to the research, education and administrative functions of a body are intended to include, but not be limited to:

(a) 	a research or educational project engaged jointly by an eligible tertiary education institution and another person; and

(b)	the co-ordination of student enrolments and shared access to educational materials.

This is intended to provide, for example, that joint research projects in which a tertiary education institution is a member (such as Cooperative research Centres (CRCs) and Cooperative Multimedia Centres (CMCs)) and joint educational projects (such as recruiting between universities and TAFE colleges) are to be considered to be covered by the uses described in the exemptions above.

It is also intended to provide that administrative activities such as tertiary admissions activities and inter-library loans are to be considered to be covered by the uses described in the exemptions above.

An affiliate, in relation to an eligible tertiary education institution, is defined to mean a body that is formally affiliated with the institution (whether by reason of the institution’s founding statute or otherwise) that is:

(a)	a residential college providing accommodation and academic and pastoral care for academic staff and students of the institution; or

(b)	an education and research establishment providing facilities and support to students in connection with collaborative research and postgraduate training activities.

The Councils of AVCC member institutions have the power through their Acts of Establishment (or founding statutes) or through similar other mechanisms, to ‘affiliate’ to other bodies, such as residential colleges or education or research establishments.  For example, in the case of the University of Melbourne, section 18 of the Melbourne University Act confers power on the University to make and alter statutes for the affiliation to or connection with the University of any college or educational establishment subject to certain conditions set out in that section.

Campus is defined to mean a property the principal use of which, or one of the principal uses of which, is for the purposes of an eligible tertiary education institution and includes leases or subleases of a part of the property granted to another person.  The inclusion of ‘leases or subleases’ is intended to provide that areas of a campus let to persons such as retail shops or other bodies are to be considered part of campus.

Educational materials is defined to mean materials or equipment for use in or in connection with teaching or learning in an eligible tertiary education institution and is intended to include library resources and educational resources made available electronically (eg on-line access to course materials).

Eligible tertiary education institution is defined to mean a tertiary education institution that is a member of the Australian Vice-Chancellors’ Committee.

It is intended that an eligible tertiary education institution include current and future members of the AVCC.

The Determination provides for a ‘sunset’ of the Determination on 31 December 1999 or a later date determined by the Minister.  This ‘sunset’ clause will enable the operation of the exemption to be reviewed after some period of operation, following which its continued operation (either as drafted or in a revised form) can be considered by the Minister.  It is expected that, depending on the outcome of such a review, options before the Minister may include letting the exemption lapse, enabling the exemption to continue for a further specified period, and enabling the exemption to continue either in a widened or more narrow form.  The Minister may also consider whether the definition of eligible tertiary education institution is appropriate.

COMMONWEALTH OF AUSTRALIA

Telecommunications Act 1997

DETERMINATION UNDER SUBSECTION 95(1)

I, RICHARD KENNETH ROBERT ALSTON, Minister for Communications, the Information Economy and the Arts, under subsection 95(1) of the Telecommunications Act 1997 (‘the Act’), determine that subsection 87(1) of the Act does not apply in relation to:

(a)	a carriage service supplied by an eligible tertiary education institution if the sole or principal use of the service is for or in connection with:

(i)	the research, educational or administrative functions of:

		(A)	the institution; or

(B)	the institution and another eligible tertiary education institution; or

	(C)	another eligible tertiary education institution; or

(ii)	the research and administrative functions of:

(A)	the Commonwealth Scientific and Industrial Research Organisation; or

	(B)	the Defence Science and Technology Organisation; or

	(C)	the Australian Institute of Marine Science; or

(D)	the Australian Nuclear Science and Technology Organisation; or

(iii)	functions of an affiliate of an eligible tertiary education institution; or

(b)	a carriage service supplied by an eligible tertiary education institution between two or more points within a single campus of the institution.

A reference in this Determination to research, educational or administrative functions includes:

(a)	a research or educational project engaged in jointly by an eligible tertiary education institution and another person; and

(b)	the co-ordination of student enrolments and shared access to educational materials.

For this Determination, a point within a campus includes a point on the boundary of the campus.

In this Determination:

affiliate, in relation to an eligible tertiary education institution, means a body that is formally affiliated with the institution (whether by reason of the institution’s founding statute or otherwise) that is:

(a)	a residential college providing accommodation and academic and pastoral care for academic staff and students of the institution; or

(b)	an education and research establishment providing facilities and support to students of the institution in connection with collaborative research and postgraduate training activities;

campus means a property the principal use of which, or one of the principal uses of which, is for the purposes of an eligible tertiary education institution and includes leases or subleases of a part of the property granted to another person;

educational materials means materials or equipment for use in or in connection with teaching or learning in an eligible tertiary education institution.

eligible tertiary education institution means a tertiary education institution within the meaning of section 23 of the Act that is a member of the Australian Vice-Chancellor’s Committee.

This Determination ceases to have effect on 31 December 1999 or on such later date as is determined by the Minister.

Dated 12 January 1998.

Minister for Communications, 
the Information Economy and the Arts

EXPLANATORY STATEMENT

Determination under section 95 of the Telecommunications Act 1997: Australian Vice-Chancellors’ Committee (AVCC)

Issued by the Authority of the Minister for Communications, the Information Economy and the Arts

Subsection 42 of Telecommunications Act 1997 (the Act) provides that the owner or owners of a network unit must not use the unit, either alone or jointly with one or more other persons, to supply a carriage service to the public, unless:

	(a) they hold a carrier licence; or

	(b) a nominated carrier declaration is in force in relation to the unit.

The Australian Vice-Chancellors’ Committee (AVCC) applied to the Minister for Communications and the Arts for an exemption under s.51 of the Act in relation to communications facilities owned by Universities and used to operate AARNet, a national education and research network.

Subsection 87 (1) of the Telecommunications Act 1997 provides that for the purposes of that Act, if a person supplies, or proposes to supply, a listed carriage service to the public using:

	(a) a network unit owned by one or more carriers; or

	(b) a network unit in relation to which a nominated carrier declaration is in force;

the person is a carriage service provider.

Subsection 95(1) of the Telecommunications Act 1997 enables the Minister to determine that certain carriage service provider definitions, including subsection 87(1) of the Act, do not apply in relation to specified carriage services or persons or to specified classes of carriage services or persons.

The purpose of the Determination is to exempt eligible tertiary education institutions from s.87 of the Act from compliance with carriage service provider obligations in relation to specified network units where those units are used to operate the AARNet, which provides communications services for the research, education and administrative functions of Australian universities and related purposes.

The Vice-Chancellors of Australia’s 37 universities constitute the membership of the AVCC.  Since 1990, the AVCC has been the vehicle through which its member institutions have coordinated and managed AARNet, the national education and research network, comprised  of member, regional and national telecommunications infrastructure.

AARNet provides telecommunications services to:

•	AVCC members;
•	the Commonwealth Scientific and Industrial Research Organisation (CSIRO) - a founding member of AARNet;
•	the Australian Nuclear Science Technology Organisation (ANSTO);
•	the Defence Science and Technology Organisation (DSTO); and
•	the Australian Institute of Marine Science (AIMS).

The AARNet access policy proscribes provision of access and services to commercial clients or on a commercial basis and focuses on activities consistent with member educational and research objectives.  The AARNet service is supplied by means of telecommunications facilities owned by AVCC members (largely microwave links) and operated as regional networks connected by carrier acquired backbone links.

SUBSECTION 95(1)

Paragraph (a) of the Determination provides that if the sole or principal use of a carriage service supplied by an eligible tertiary education institution is for or in connection with:

•	the research, educational or administrative functions the institution (whether alone or with another eligible tertiary education institution) or another eligible tertiary education institution;

•	the research and administrative functions of the CSIRO, the Australian Nuclear Science and Technology Organisation (ANSTO), the Defence Science and Technology Organisation (DSTO), and Australian Institute of Marine Sciences (AIMS) who are members of the AARNet network; or

•	the functions of institutions affiliated to an eligible tertiary education institution (such as residential colleges or affiliated research institutions);

•	then subsection 87(1) of the Act (which provides a basic definition of ‘carriage service provider’ for the purpose of the Act) will not apply.

Paragraph (a) of the Determination is to provide a broad exemption for persons to supply carriage services in connection with the research, education and administrative functions of all eligible tertiary education institutions.  In particular, it is intended that this exemption should enable:

•	one tertiary education institution to be exempted from the carriage service provider definition if the principal use of the carriage service is for the research, education or administrative functions of one or more other tertiary education institutions (eg, to enable the AARNet Internet service which is used by all AVCC members to make use of the specified network units); and

•	teleteaching, shared access to library or research services (eg inter-library loans and electronic access to the catalogues of other libraries), student admissions activities, Open Learning and distance education programs where they are a function of a tertiary education institution and servicing tertiary education institution staff and students who are located off-campus (eg in hospitals).

Paragraph (a) of the Determination will also exempt an eligible tertiary education institution from the basic definition of a carriage service provider if the sole or principal use of a carriage service provided by that institution is for or in connection with:

•	the research and education functions of the CSIRO, ANSTO, DSTO and AIMS; or

•	the functions of institutions affiliated to those institutions.

Paragraph (b) of the Determination provides that where a carriage service is provided between two or more points within a single campus of an eligible tertiary education institution, s.87 does not apply.

The intention of paragraph (b) of the Determination is to exempt all carriage services within a tertiary education institution campus.  In particular, this will allow groups such as co-op bookshops and other entities not otherwise covered by this exemption to use those network units to carry communications to the boundary of the campus, after which the public network must be used.

To avoid doubt, references made in the Determination to the research, education and administrative functions of a body are intended to include, but not be limited to:

(a) 	a research or educational project engaged jointly by an eligible tertiary education institution and another person; and

(b)	the co-ordination of student enrolments and shared access to educational materials.

This is intended to provide, for example, that joint research projects in which a tertiary education institution is a member (such as Cooperative research Centres (CRCs) and Cooperative Multimedia Centres (CMCs)) and joint educational projects (such as recruiting between universities and TAFE colleges) are to be considered to be covered by the uses described in the exemptions above.

It is also intended to provide that administrative activities such as tertiary admissions activities and inter-library loans are to be considered to be covered by the uses described in the exemptions above.

An affiliate, in relation to an eligible tertiary education institution, is defined to mean a body that is formally affiliated with the institution (whether by reason of the institution’s found statute or otherwise) that is:

(a)	a residential college providing accommodation and academic and pastoral care for academic staff and students of the institution; or

(b)	an education and research establishment providing facilities and support to honours and postgraduate students in connection with collaborative research and postgraduate training activities;

The Councils of AVCC member institutions have the power through their Acts of Establishment (or founding statutes) or through similar other mechanisms to ‘affiliate’ to other bodies, such as residential colleges or education or research establishments.  For example, in the case of the University of Melbourne, section 18 of the Melbourne University Act confers power on the University to make and alter statutes for the affiliation to or connection with the University of any college or educational establishment subject to certain conditions set out in that section.

Campus is defined to mean a property the principal use of which, or one of the principal uses of which, is for the purposes of an eligible tertiary education institution and includes leases or subleases of a part of the property granted to another person. The inclusion of ‘leases or subleases’ is intended to provide that areas of a campus let to persons such as retail shops or other bodies are to be considered part of campus.

Educational materials is defined to mean materials or equipment for use in or in connection with teaching or learning in an eligible tertiary education institution and is intended to include library resources and education resources made available electronically (eg on-line access to course materials).

Eligible tertiary education institution is defined to mean a tertiary education institution that 
is a member of the Australian Vice-Chancellors’ Committee.

It is intended that an eligible tertiary education institution include current and future members of the AVCC.

The Determination provides for a ‘sunset’ of the Determination on 31 December 1999 or a later date determined by the Minister.  This ‘sunset’ clause will enable the operation of the exemption to be reviewed after some period of operation, following which its continued operation (either as drafted or in a revised form) can be considered by the Minister.  It is expected that, depending on the outcome of such a review, options before the Minister may include letting the exemption lapse, enabling the exemption to continue for a further specified period, and enabling the exemption to continue either in a widened or more narrow form.  The Minister may also consider whether the definition of tertiary education institution is appropriate.