Document ID: chunk:federal_register_of_legislation:C2004A04086:section:1952:p10
Version: federal_register_of_legislation:C2004A04086
Segment Type: section
Provision Reference: s 1952 (pt 10/12)
Character Range: 23743–26703

no permit in force for the connection of the customer equipment to a telecommunications network; and

         (ii) the person must disconnect the customer equipment from any telecommunications network to which it is connected within 7 days, or such longer period as is specified in the notice, after the notice is given;

the person is guilty of an offence if he or she fails to comply with the notice.

Penalty: $12,000.".

Sale or supply of customer equipment for which there is no permit

41. Section 115 of the Principal Act is amended by omitting "informing the other person" and substituting "notifying the other person in writing, in the form prescribed by the regulations,".

Action for unauthorised connection to telecommunications network of customer equipment or customer cabling

  42. Section 143 of the Principal Act is amended:

     (a) by inserting after subparagraph (1) (a) (ii) the following subparagraph:

           "(iia) has under his or her control customer equipment connected to a telecommunications network that, contrary to section 114a, has not been disconnected from the network;";

     (b) by omitting paragraph (1) (b) and substituting the following paragraph:

      "(b) as a result of:

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

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

             (iii) the customer equipment not being disconnected from the network; or

             (iv) the customer equipment being used after it was required to be disconnected from the network;

         damage is caused to the network, or the carrier operating the network suffers a loss or incurs a liability;".

Insertion of new section

43. After section 180 of the Principal Act the following section is inserted:

AUSTEL may waive fees

"180a. AUSTEL may, in its discretion, on behalf of the Commonwealth, wholly or partly waive a fee that would otherwise be payable by a person under section 4 of the Telecommunications (Application Fees) Act 1989.".

Insertion of new section

44. After section 181 of the Principal Act the following section is inserted:

Liability to taxation

"181a. (1) Subject to subsection (2), AUSTEL is not subject to taxation under a law of the Commonwealth or of a State or Territory and, in particular, is not subject to sales tax.

"(2) The regulations may provide that subsection (1) does not apply in relation to taxation under a specified law.".

PART 12—AMENDMENTS OF OTHER ACTS

Amendments of other Acts

45. The Acts specified in the Schedule are amended as set out in the Schedule.

                          SCHEDULE Section 45

AMENDMENTS OF OTHER ACTS

Australian Airlines (Conversion to Public Company) Act 1988

Schedule 2:

Omit "Australian National Airlines Amendment Act 1987", substitute "Australian National Airlines Amendment Act 1988".

Civil Aviation Amendment Act 1990