[MLB-WIRELESS] Re: [Oz-ISP] Wireless..... ABC 7:30 report ton

Fri Mar 1 14:00:03 EST 2002

The answer to that is to become incorporated,

then only the assets of the corporate body are up for graps  not the
individual members... did this recently for a yacht club.

> what about the joint and several liability placed upon partners?
> Someone could commit to a debt in the name of the partnership and ALL
> partners would be liable to the full extent of the debt..
>
> -----Original Message-----
> From: Marian Szczepkowski [mailto:Marian.Szczepkowski at ericsson.com.au]
> Sent: Friday, 1 March 2002 11:36
> To: sanbar
> Cc: melbwireless at wireless.org.au
> Subject: Re: [MLB-WIRELESS] Re: [Oz-ISP] Wireless..... ABC 7:30 report
> tonight. (fwd)
>
>
> All
>
> I spoke to the legal dep't at the ACA about 9 months ago and got this,
>
> If the your friends fit in the following then no license is required,
>
> TELECOMMUNICATIONS ACT 1997
> - SECT 23
> Immediate circle
>
> (1)For the purposes of this Act, a person's immediate circle consists
> of  the person, together with the following persons:
>
>         (a)if the person is an individual-an employee of the
>         individual;  (b)if the person is a partnership-an employee of
>         the
> partnership;
>         (c)if the person is a body corporate:
>
>              (i)an officer of the body corporate;
>              (ii)if another body corporate is related to the
> first-mentioned body corporate (within the meaning of the Corporations
> Act
>                  2001)-that other body corporate and an officer of that
>
> other body corporate;
>
>
> The bit here that is good is the partnership. While you are all members
>  of a partnership no license is required. There is no maximum size for
> a  partnership, minimum size I would expect to be 2.
>
> This is the question I asked there legal team and the answer was that
> if  I created a partnership then no license was required and no special
>  joining, or leaving is required.
>
> So form a partnership that buy's internet access in bulk, tough life!!
>
> SO,
>
>> Q) "Can we form an organisation in order to provide members of that
>> organisation Wireless LAN access to the Internet so that we don't need
>> a carrier licence ?"
>
> A) Yes as long as it fits the rules above.
>
>> .. feel free to ask them again - they don't charge for answers :)
>
> You need to ask the right question.
>
>
>>>>>>>>>>>>>>>>>>> Original Message <<<<<<<<<<<<<<<<<<
>
> On 2/28/02, 10:23:50 AM, sanbar <sandbar at ozemail.com.au> wrote
> regarding  [MLB-WIRELESS] Re: [Oz-ISP] Wireless..... ABC 7:30 report
> tonight. (fwd):
>
>
>> ---------- Forwarded message ----------
>> Date: Wed, 27 Feb 2002 14:04:20 +1100 (EST)
>> From: Saliya Wimalaratne <saliya at hinet.net.au>
>> To: John Simmons <jss at adam.genesis.net.au>
>> Cc: jss at genesis.net.au, aussie-isp at aussie.net
>> Subject: Re: [Oz-ISP] Wireless.....  ABC 7:30 report tonight.
>
>> On Wed, 27 Feb 2002, John Simmons wrote:
>
>> > is it not possible for all my potential connectees to become part of
>> > an organisation that is purpose built to satisfy the "Immediate
>> > Cirlce" ruling and thus provide them with both Internet
>> > connectivity, and possibly, other community type services? Where is
>> > the legal dividing line?  How does the law define which is OK and
>> > which is not, and on what basis?  This is what I still do not
>> > understand.
>
>> Hi John,
>
>> Well, as I said, all we did was ask the ACA. They're supposed to be
>> the ones know what this stuff means, and what options are available.
>
>> Essentially, what I believe you're talking about is 'the letter of the
>> law' vs. 'the spirit of the law' and I don't *really* think I'm
>> qualified to give an opinion on that side of things. I *do* know that
>> the ACA can give written exemptions for things like this (and if you
>> had a community project that you wanted to do, I bet they could help).
>
>> > Of course.  But they need to be answering precisely the right
>> > question in order for the answer to fully apply.
>
>> Q) "Can we form an organisation in order to provide members of that
>> organisation Wireless LAN access to the Internet so that we don't need
>> a carrier licence ?"
>
>> A) "No"
>
>> .. feel free to ask them again - they don't charge for answers :)
>
>> I'm not trying to be a nay-sayer; I'm trying to provide information on
>> what seems to be a confusing topic for many people. As always, the
>> definitive source is the ACA or a court of law (and frankly, getting a
>> carrier licence is probably cheaper than taking the case to court :P)
>
>> Regards,
>
>> Saliya
>
>
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