Commonwealth Numbered Acts

TELECOMMUNICATIONS ACT 1991 No. 98 of 1991 - SECT 233

233. (1) Where, under section 228, AUSTEL declares an eligible service to be
an unlicensed service, it must give to each carrier a written notice:

   (a)  stating that the declaration has been made; and

   (b)  specifying the service concerned; and

   (c)  specifying the person to whom the declaration was given; and

   (d)  directing the carrier:

        (i)    if the service concerned is already connected to a
               telecommunications network operated by the carrier - to take
               the necessary action to ensure that the service is no longer so
               connected; or

        (ii)   if the service concerned is not already so connected - not to
               connect the service to any telecommunications network that it
               operates.

(2) Where:

   (a)  under section 228, AUSTEL declares an eligible service to be an
        unlicensed service; and

   (b)  AUSTEL knows of a person (other than a carrier) to whose facilities
        the service is connected, or is intended to be connected; AUSTEL must
        give to each such person of whom it knows (in this subsection
called the ``supplier") a written notice:

   (c)  stating that the declaration has been made; and

   (d)  specifying the service concerned; and

   (e)  specifying the person to whom the declaration was given; and

   (f)  directing the supplier:

   (i)  if the service concerned is already connected to facilities of the
        supplier - to take the necessary action to ensure that the service is
        no longer so connected; or

   (ii) if the service concerned is not already connected - not to connect the
        service to any of the supplier's facilities.

(3) A person who contravenes a direction under subsection (2) is guilty of an
offence punishable on conviction by a fine of an amount not exceeding
''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.