Commonwealth Consolidated Acts

TELECOMMUNICATIONS ACT 1997 - SECT 412

  (1)   If:

  (a)   at a particular time, a person proposes to connect customer equipment or customer cabling to a telecommunications network or to a facility; and

  (b)   the manufacturer or importer of the equipment or cabling was required by subsection   407(1) to apply a label to the equipment or cabling; and

  (c)   both:

  (i)   the manufacturer or importer complied with the requirement; and

  (ii)   the label indicated that the equipment or cabling met the requirements of the section   376 standards that were specified in the first - mentioned requirement;

the manager of the network or facility must not refuse to give written consent to the connection.

Note:   Manager is defined by section   375.

  (2)   A person who contravenes subsection   (1) commits an offence punishable on conviction by a fine not exceeding 100 penalty units.

Note:   See also sections   4AA and 4B of the Crimes Act 1914 .

  (2A)   Subsection   (2) does not apply if the person has a reasonable excuse.

Note:   A defendant bears an evidential burden in relation to the matter in subsection   (2A) (see subsection   13.3(3) of the Criminal Code ).

  (3)   A manager of a telecommunications network, or of a facility, does not contravene subsection   (1) in relation to a refusal to give consent to the connection of customer equipment, or customer cabling, to the network, or to the facility, if:

  (a)   the manager has reasonable grounds to believe that a label has been applied to the equipment or cabling in contravention of section   414 or 416; or

  (b)   the manager has reasonable grounds to believe that the connection would, or would be likely to, constitute a threat to the integrity of a telecommunications network or of a facility; or

  (c)   the manager has reasonable grounds to believe that the connection would, or would be likely to, constitute a threat to the health or safety of persons who:

  (i)   operate; or

  (ii)   work on; or

  (iii)   use services supplied by means of; or

  (iv)   are otherwise reasonably likely to be affected by the operation of;

    a telecommunications network or a facility.

  (4)   This section does not, by implication, impose an obligation to supply a carriage service to a particular person.