<!doctype html public "-//w3c//dtd html 4.0 transitional//en">
<html>
Brendon Codling wrote:
<blockquote TYPE=CITE>what about the joint and several liability placed
upon partners? Someone
<br>could commit to a debt in the name of the partnership and ALL partners
would
<br>be liable to the full extent of the debt..
<br> </blockquote>
Then I suggest you provide for that in your articles of association.
<br>Provide multiple signing requirements, and corporate policies.
<p>Do it once correctly it can then be used by other groups.
<blockquote TYPE=CITE>
<br>-----Original Message-----
<br>From: Marian Szczepkowski [<a href="mailto:Marian.Szczepkowski@ericsson.com.au">mailto:Marian.Szczepkowski@ericsson.com.au</a>]
<br>Sent: Friday, 1 March 2002 11:36
<br>To: sanbar
<br>Cc: melbwireless@wireless.org.au
<br>Subject: Re: [MLB-WIRELESS] Re: [Oz-ISP] Wireless..... ABC 7:30 report
<br>tonight. (fwd)
<p>All
<p>I spoke to the legal dep't at the ACA about 9 months ago and got this,
<p>If the your friends fit in the following then no license is required,
<p>TELECOMMUNICATIONS ACT 1997
<br>- SECT 23
<br>Immediate circle
<p>(1)For the purposes of this Act, a person's immediate circle consists
of
<br>the person, together with the following persons:
<p> (a)if the person is
an individual-an employee of the individual;
<br> (b)if the person is
a partnership-an employee of the
<br>partnership;
<br> (c)if the person is
a body corporate:
<p>
(i)an officer of the body corporate;
<br>
(ii)if another body corporate is related to the
<br>first-mentioned body corporate (within the meaning of the Corporations
<br>Act
<br>
2001)-that other body corporate and an officer of that
<br>other body corporate;
<p>The bit here that is good is the partnership. While you are all members
<br>of a partnership no license is required. There is no maximum size for
a
<br>partnership, minimum size I would expect to be 2.
<p>This is the question I asked there legal team and the answer was that
if
<br>I created a partnership then no license was required and no special
<br>joining, or leaving is required.
<p>So form a partnership that buy's internet access in bulk, tough life!!
<p>SO,
<p>> Q) "Can we form an organisation in order to provide members of that
<br>> organisation Wireless LAN access to the Internet so that we don't
need a
<br>> carrier licence ?"
<p>A) Yes as long as it fits the rules above.
<p>> .. feel free to ask them again - they don't charge for answers :)
<p>You need to ask the right question.
<p>>>>>>>>>>>>>>>>>>> Original Message <<<<<<<<<<<<<<<<<<
<p>On 2/28/02, 10:23:50 AM, sanbar <sandbar@ozemail.com.au> wrote regarding
<br>[MLB-WIRELESS] Re: [Oz-ISP] Wireless..... ABC 7:30 report tonight.
(fwd):
<p>> ---------- Forwarded message ----------
<br>> Date: Wed, 27 Feb 2002 14:04:20 +1100 (EST)
<br>> From: Saliya Wimalaratne <saliya@hinet.net.au>
<br>> To: John Simmons <jss@adam.genesis.net.au>
<br>> Cc: jss@genesis.net.au, aussie-isp@aussie.net
<br>> Subject: Re: [Oz-ISP] Wireless..... ABC 7:30 report tonight.
<p>> On Wed, 27 Feb 2002, John Simmons wrote:
<p>> > is it not possible for all my potential connectees to become part
<br>> > of an organisation that is purpose built to satisfy the "Immediate
<br>> > Cirlce" ruling and thus provide them with both Internet connectivity,
<br>> > and possibly, other community type services? Where is the legal
<br>> > dividing line? How does the law define which is OK and which
is not,
<br>> > and on what basis? This is what I still do not understand.
<p>> Hi John,
<p>> Well, as I said, all we did was ask the ACA. They're supposed to be
the
<br>> ones know what this stuff means, and what options are available.
<p>> Essentially, what I believe you're talking about is 'the letter of
the
<br>> law' vs. 'the spirit of the law' and I don't *really* think I'm qualified
<br>> to give an opinion on that side of things. I *do* know that the ACA
can
<br>> give written exemptions for things like this (and if you had a community
<br>> project that you wanted to do, I bet they could help).
<p>> > Of course. But they need to be answering precisely the right
question
<br>> > in order for the answer to fully apply.
<p>> Q) "Can we form an organisation in order to provide members of that
<br>> organisation Wireless LAN access to the Internet so that we don't
need a
<br>> carrier licence ?"
<p>> A) "No"
<p>> .. feel free to ask them again - they don't charge for answers :)
<p>> I'm not trying to be a nay-sayer; I'm trying to provide information
on
<br>> what seems to be a confusing topic for many people. As always, the
<br>> definitive source is the ACA or a court of law (and frankly, getting
a
<br>> carrier licence is probably cheaper than taking the case to court
:P)
<p>> Regards,
<p>> Saliya
<p>> ----
<br>> email "unsubscribe aussie-isp" to majordomo@aussie.net to be removed.
<p>> --
<br>> To unsubscribe, send mail to minordomo@wireless.org.au with a subject
of
<br>'unsubscribe melbwireless'
<br>> Archive at:
<br><a href="http://www.wireless.org.au/cgi-bin/minorweb.pl?A=LIST&L=melbwireless">http://www.wireless.org.au/cgi-bin/minorweb.pl?A=LIST&L=melbwireless</a>
<br>> IRC at: au.austnet.org #melb-wireless
<p>--
<br>To unsubscribe, send mail to minordomo@wireless.org.au with a subject
of
<br>'unsubscribe melbwireless'
<br>Archive at:
<br><a href="http://www.wireless.org.au/cgi-bin/minorweb.pl?A=LIST&L=melbwireless">http://www.wireless.org.au/cgi-bin/minorweb.pl?A=LIST&L=melbwireless</a>
<br>IRC at: au.austnet.org #melb-wireless
<p>---
<br>Incoming mail is certified Virus Free.
<br>Checked by AVG anti-virus system (<a href="http://www.grisoft.com">http://www.grisoft.com</a>).
<br>Version: 6.0.325 / Virus Database: 182 - Release Date: 19/02/02
<br> </blockquote>
</html>