Commonwealth Consolidated Acts

TELECOMMUNICATIONS ACT 1997 - SECT 548

  (1)   An inspector may:

  (a)   require a person whom he or she suspects on reasonable grounds of having done an act in respect of which the person is required to hold:

  (i)   a carrier licence; or

  (ii)   a connection permit; or

  (iii)   a cabling licence;

    to produce the licence or permit (as the case may be), or evidence of its existence and contents; and

  (b)   require a person to produce evidence of having applied a label in accordance with an obligation imposed on the person under section   407; and

  (c)   require a person who has been required under paragraph   408(5)(a) or (d) to:

  (i)   obtain a written statement from a certification body certifying that customer equipment or customer cabling complies with a specified section   376 standard; or

  (ii)   obtain a written statement from a competent body stating that reasonable efforts have been made to avoid a contravention of a specified section   376 standard;

    to produce the statement, or evidence of its existence and contents; and

  (d)   require a person who has been required under paragraph   408(5)(b) to have customer equipment or customer cabling tested by a recognised testing authority to produce evidence of the testing; and

  (e)   require a person who has been required under subsection   408(6) to retain:

  (i)   records; or

  (ii)   a declaration; or

  (iii)   a copy of a declaration;

for a particular period to produce those records, that declaration or that copy, so long as the inspector does not require the production of those records, that declaration or that copy after the end of that period.

  (2)   A person must not contravene a requirement under this section.

Penalty:   20 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 ).

  (2B)   Subsection   (2) is an offence of strict liability.

Note:   For strict liability , see section   6.1 of the Criminal Code .

  (3)   In this section:

"application" , in relation to a label, has the same meaning as in Division   7 of Part   21.

"certification body" has the same meaning as in Division   7 of Part   21.

"competent body" has the same meaning as in Division   7 of Part   21.

"engage in conduct" means:

  (a)   do an act; or

  (b)   omit to perform an act.

"recognised testing authority" has the same meaning as in Division   7 of Part   21.