Commonwealth Numbered Acts

TELECOMMUNICATIONS ACT 1991 No. 98 of 1991 - SECT 228

228. (1) Where AUSTEL has reasonable cause to suspect that:

   (a)  a person is supplying, or proposes to supply, an eligible service; and

   (b)  the service is not being, or would not be, supplied under any class
        licence; AUSTEL may give the person a written notice under this
        section.

(2) The notice must:

   (a)  specify the service concerned; and

   (b)  invite the person to make representations to AUSTEL as to why the
        service should not be declared to be an unlicensed service; and

   (c)  specify a date, not being later than 28 days after the notice is sent
        to the person, by which such representations may be made.

(3) The notice may, in addition, require the person to give to AUSTEL, in
writing, such information relating to the service concerned as is required by
the notice.

(4) AUSTEL may, if it is satisfied:

   (a)  that the person is supplying, or proposes to supply, the service
        concerned; and

   (b)  that:

        (i)    the service is not being, or would not be, supplied under any
               class licence; or

        (ii)   the person has failed to comply, to the best of the person's
               ability, with a requirement under subsection (3); give to the
               person a written declaration that the service is an unlicensed
               service.

(5) Before giving the declaration to the person, AUSTEL must give due
consideration to any representations made by the person on or before the date
referred to in paragraph (2) (c).

(6) A declaration given to a person must be accompanied by a statement
informing the person that the person may, within 21 days after the day on
which the declaration is given, request AUSTEL to reconsider its decision to
give the declaration.

(7) A declaration given to a person under subsection (4) has effect:

   (a)  if the person does not, within the period for making an application
        under section 230 for reconsideration of the decision to give the
        declaration, make such an application to AUSTEL under that section -
        on and from the day occurring 30 days after the declaration is given
        to the person; or

   (b)  if the person makes such an application within that period - on and
        from the day occurring 30 days after the making of the application for
        reconsideration of the decision to give the declaration.

(8) Where AUSTEL:

   (a)  gives a notice under subsection (1) to a person in respect of an
        eligible service; and

   (b)  later decides not to give the person a declaration under subsection
        (4) in respect of the service; AUSTEL must give the person a notice to
        the effect that it has decided not to declare the service to be an
        unlicensed service.