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

[Marian Szczepkowski]

Fantastic now we can all route each others packets and get on with our 
lives.

>>>>>>>>>>>>>>>>>> Original Message <<<<<<<<<<<<<<<<<<

On 3/1/02, 2:00:03 PM, <simmans at datafast.net.au> wrote regarding RE: 
[MLB-WIRELESS] Re: [Oz-ISP] Wireless..... ABC 7:30 report ton:


> 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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> >
> >
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