Commonwealth Consolidated Acts

TELECOMMUNICATIONS ACT 1997 - SECT 411

Basic prohibition

             (1)  A person must not:

                     (a)  connect customer equipment or customer cabling to a telecommunications network or to a facility; or

                     (b)  maintain such a connection;

if:

                     (c)  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

                     (d)  either:

                              (i)  the manufacturer or importer did not comply with the requirement; or

                             (ii)  the manufacturer or importer complied with the requirement, but the label indicated that the equipment or cabling did not meet the requirements of the section 376 standards that were specified in the first‑mentioned requirement.

Offence

             (2)  A person who contravenes subsection (1) is guilty of an offence punishable on conviction by a fine not exceeding 120 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).

Exception--reasonable excuse for contravention

          (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 ).

Exception--connection permit

             (3)  A person does not contravene subsection (1) in relation to:

                     (a)  connecting customer equipment, or customer cabling, to a telecommunications network, or to a facility; or

                     (b)  maintaining such a connection;

if the connection, or the maintenance of the connection, as the case may be, is in accordance with a connection permit.

Note:          Connection permits are issued under section 394.

Exception--compliance with connection rules

             (4)  A person does not contravene subsection (1) in relation to:

                     (a)  connecting customer equipment, or customer cabling, to a telecommunications network, or to a facility; or

                     (b)  maintaining such a connection;

if:

                     (c)  the person is subject to the connection rules; and

                     (d)  the connection, or the maintenance of the connection, as the case may be, is in accordance with the connection rules.

Note:          The connection rules are dealt with by section 404.

Exception--consent of network manager

             (5)  A person does not contravene subsection (1) in relation to the connection of customer equipment, or customer cabling, to a telecommunications network, or to a facility, if:

                     (a)  the manager of the network or facility consents in writing to the connection; and

                     (b)  the equipment or cabling has applied to it a label that indicates that the equipment or cabling does not meet the requirements of each of the standards under section 376 that were applicable to it when it was connected.

Note:          Manager is defined by section 375.