Commonwealth Consolidated Acts

TELECOMMUNICATIONS ACT 1997 - SECT 413

  (1)   If a person:

  (a)   is a manufacturer or importer of customer equipment or customer cabling; and

  (b)   is required under section   407 to apply to it a label in a particular form;

the person must not supply the equipment or cabling unless a label in that form has been applied to the equipment or cabling.

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

Note 1:   See also sections   4AA and 4B of the Crimes Act 1914 .

Note 2:   See also Division   13 of this Part (which deals with the payment of penalties as an alternative to prosecution).

  (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)   In this section:

"supply" includes supply (including re - supply) by way of sale, exchange, lease, hire or hire - purchase.