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TELECOMMUNICATIONS ACT 1997 - SECT 414

Applying labels before satisfying requirements under subsection 408(5)

  (1)   If a person is subject to requirements that:

  (a)   have been specified under subsection   408(5); and

  (b)   must be met before applying a particular label to customer equipment or customer cabling;

the person must not apply:

  (c)   the label; or

  (d)   a label that purports to be such a label;

before the person satisfies those requirements.

  (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).

  (3)   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   (3) (see subsection   13.3(3) of the Criminal Code ).


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