Commonwealth Consolidated Acts

TELECOMMUNICATIONS ACT 1997 - SECT 413

             (1)  If a person:

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

                     (b)  is required under section 407 to apply to it a label in a particular form;

the person must not supply the equipment or cabling unless a label in that form has been applied to the equipment or cabling.

             (2)  A person who contravenes subsection (1) is guilty of 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).

          (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)  In this section:

"supply" includes supply (including re-supply) by way of sale, exchange, lease, hire or hire-purchase.