[MLB-WIRELESS] Re: [Oz-ISP] Wireless..... ABC 7:30 report tonight. (fwd)

[Marian Szczepkowski]

Brendon Codling wrote:

> 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..
>

Then I suggest you provide for that in your articles of association.
Provide multiple signing requirements, and corporate policies.

Do it once correctly it can then be used by other groups.

>
> -----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
>
> > ----
> > email "unsubscribe aussie-isp" to majordomo at aussie.net to be removed.
>
> > --
> > To unsubscribe, send mail to minordomo at wireless.org.au with a subject of
> 'unsubscribe melbwireless'
> > Archive at:
> http://www.wireless.org.au/cgi-bin/minorweb.pl?A=LIST&L=melbwireless
> > IRC at: au.austnet.org #melb-wireless
>
> --
> To unsubscribe, send mail to minordomo at wireless.org.au with a subject of
> 'unsubscribe melbwireless'
> Archive at:
> http://www.wireless.org.au/cgi-bin/minorweb.pl?A=LIST&L=melbwireless
> IRC at: au.austnet.org #melb-wireless
>
> ---
> Incoming mail is certified Virus Free.
> Checked by AVG anti-virus system (http://www.grisoft.com).
> Version: 6.0.325 / Virus Database: 182 - Release Date: 19/02/02
>
-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://lists.wireless.org.au/pipermail/melbwireless/attachments/20020301/55c9d5c2/attachment.html>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: Marian.Szczepkowski.vcf
Type: text/x-vcard
Size: 286 bytes
Desc: Card for Marian Szczepkowski
URL: <http://lists.wireless.org.au/pipermail/melbwireless/attachments/20020301/55c9d5c2/attachment.vcf>