Thanks for the reply. I understand this may be off-topic but i posted due to the strong Australian following.
I think carrier licensing has implications for some of us, especially those who host gateways on commercial radio sites for the exclusive use of extending the TTN/TTI network reach (rather than to support a local use case on a single “distinct place”)
My understanding is that the “loophole” of subsection 34(3) was to deal with public wifi hotspots
"The new Determination is intended to continue to allow businesses like cafés, hotels and airport lounges to provide wireless local area networks (‘WiFi hotspots’) to customers within their premises on a paid or incidental basis without first obtaining a carrier licence "
The exempted wireless network unit test outlined in the Section is
A Wireless Network Unit is to be exempt where it satisfies both paragraph (a) and (b).
A Wireless Network Unit satisfies paragraph (a) where the unit is used to supply a carriage service to users where the users are not in a distinct place from the Wireless Network Unit.
A distinct place is defined in section 36 of the Act. Places are essentially distinct unless they are:
· in the same property (i.e. situated on a property subject to a single freehold or leasehold title);
· contiguous properties and the same person is the principal user of those properties; or
· the same eligible Territory (i.e. the Territory of Christmas Island and the Territory of Cocos (Keeling) Islands or any prescribed external Territory, as defined in section 7 of the Act).
A Wireless Network Unit satisfies paragraph (b) where a carrier licence or nominated carrier declaration would not be required for a fixed line network supplying a carriage service under the same circumstances as referred to in paragraph (a) (i.e. supplying a carriage service to users that are not in a distinct place from the fixed line network)."