Document ID: chunk:federal_register_of_legislation:C2024C00742:section:412
Version: federal_register_of_legislation:C2024C00742
Segment Type: section
Provision Reference: s 412
Character Range: 989256–991496

412  Connection of labelled customer equipment or customer cabling not to be refused
 (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.