Commonwealth Consolidated Acts

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TELECOMMUNICATIONS ACT 1997 - SECT 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 contravenes subsection   (1), (2), (3) or (4) commits 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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