Commonwealth Consolidated Acts

TELECOMMUNICATIONS ACT 1997 - SECT 448

  (1)   If:

  (a)   a person:

  (i)   connects customer equipment, or customer cabling, to a telecommunications network or to a facility; or

  (ii)   has under his or her control customer equipment, or customer cabling, connected to a telecommunications network or to a facility; and

  (b)   the equipment or cabling is, or is likely to be, 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; 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 person of the amount of the loss or damage.

  (2)   An application under subsection   (1) must be made within 3 years after the damage was caused or the loss was suffered, as the case requires.