Commonwealth Consolidated Acts

TELECOMMUNICATIONS ACT 1997 - SECT 415

  (1)   If the ACMA makes an instrument under subsection   407(1) that specifies requirements to be met after a label has been applied, a manufacturer or importer must not contravene those requirements.

  (2)   A person commits an offence if:

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

  (b)   the person engages in conduct; and

  (c)   the person's conduct contravenes a requirement referred to in subsection   (1).

Penalty:   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   (1) 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 ).

  (4)   In this section:

"engage in conduct" means:

  (a)   do an act; or

  (b)   omit to perform an act.