Commonwealth Consolidated Acts Commonwealth Consolidated Acts(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) commits 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.