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TELECOMMUNICATIONS ACT 1997 No. 47 of 1997 - SECT 42
42 Network unit not to be used without carrier licence or nominated carrier declaration
(1) If there is only one owner of a network unit, the owner of the network
unit must not use the unit, either alone or jointly with one or more other
persons, to supply a carriage service to the public, unless:
(a) the owner holds a carrier licence; or
(b) a nominated carrier declaration is in force in relation to the unit.
(2) If there is only one owner of a network unit, the owner of the network
unit must not allow or permit another person to use the unit to supply a
carriage service to the public unless:
(a) the owner holds a carrier licence; or
(b) a nominated carrier declaration is in force in relation to the unit.
(3) If there are 2 or more owners of a network unit, an owner of the network
unit must not use the unit, either alone or jointly with one or more other
persons, to supply a carriage service to the public, unless:
(a) the owner holds a carrier licence; or
(b) a nominated carrier declaration is in force in relation to the unit.
(4) If there are 2 or more owners of a network unit, an owner of the network
unit must not, either alone or together with one or more other owners, allow
or permit another person to use the unit to supply a carriage service to the
public unless:
(a) the owner holds a carrier licence; or
(b) a nominated carrier declaration is in force in relation to the unit.
(5) A person who intentionally or recklessly contravenes subsection (1), (2),
(3) or (4) is guilty of an offence punishable on conviction by a fine not
exceeding 20,000 penalty units. Note: See also sections 4AA and 4B of the
Crimes Act 1914.
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