Commonwealth Consolidated Acts

TELECOMMUNICATIONS ACT 1997 - SECT 444

  (1)   If:

  (a)   a person (the first person ) contravenes section   413, 414 or 415 in relation to particular customer equipment or particular customer cabling; and

  (b)   a person (who may be the first person) connects the equipment or cabling to a telecommunications network or to a facility; and

  (c)   as a result of:

  (i)   the connection of the equipment or cabling to the network or facility; or

  (ii)   the equipment or cabling being used while it was so connected;

    either:

  (iii)   damage is caused to the network or the facility; or

  (iv)   the manager of the network or facility suffers a loss;

the manager of the network or facility may apply to the Federal Court for the recovery from the first person of the amount of the loss or damage.

  (2)   An application under this section must be made within 3 years after the damage was caused or the loss was suffered, as the case requires.