Commonwealth Consolidated Acts

TELECOMMUNICATIONS ACT 1997 - SECT 412

             (1)  If:

                     (a)  at a particular time, a person proposes to connect customer equipment or customer cabling to a telecommunications network or to a facility; and

                     (b)  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

                     (c)  both:

                              (i)  the manufacturer or importer complied with the requirement; and

                             (ii)  the label indicated that the equipment or cabling met the requirements of the section 376 standards that were specified in the first‑mentioned requirement;

the manager of the network or facility must not refuse to give written consent to the connection.

Note:          Manager is defined by section 375.

             (2)  A person who contravenes subsection (1) is guilty of an offence punishable on conviction by a fine not exceeding 100 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 ).

             (3)  A manager of a telecommunications network, or of a facility, does not contravene subsection (1) in relation to a refusal to give consent to the connection of customer equipment, or customer cabling, to the network, or to the facility, if:

                     (a)  the manager has reasonable grounds to believe that a label has been applied to the equipment or cabling in contravention of section 414 or 416; or

                     (b)  the manager has reasonable grounds to believe that the connection would, or would be likely to, constitute a threat to the integrity of a telecommunications network or of a facility; or

                     (c)  the manager has reasonable grounds to believe that the connection would, or would be likely to, constitute a threat to the health or safety of persons who:

                              (i)  operate; or

                             (ii)  work on; or

                            (iii)  use services supplied by means of; or

                            (iv)  are otherwise reasonably likely to be affected by the operation of;

                            a telecommunications network or a facility.

             (4)  This section does not, by implication, impose an obligation to supply a carriage service to a particular person.