Commonwealth Numbered Acts

TELECOMMUNICATIONS ACT 1991 No. 98 of 1991 - SECT 234

234. (1) Where a person wishing to supply an eligible service gives a carrier
that operates a telecommunications network that will need to be used in the
supply of the service a request to connect the service to the network, the
carrier must connect the service.

(2) Subsection (1) does not apply if a direction has been given to the carrier
under subsection 233 (1) in relation to the service.

(3) Subsection (1) does not require a carrier to connect an eligible service
to a telecommunications network if there is included in another carrier's BCS
tariff each telecommunications service that the first-mentioned carrier would
supply to the person because of that connection.

(4) A carrier does not contravene an obligation under subsection (1) to
connect a service to a network if the connection is delayed:

   (a)  for a period that:

        (i)    is reasonable in the circumstances; and

        (ii)   is not substantially longer than the delay normally experienced
               for connection of a service of that type, and in that locality,
               to the network; or

   (b)  because a connection of the service is not technically feasible; or

   (c)  for reasons beyond the carrier's control.

(5) Paragraph (4) (b) does not apply in relation to the connection of an
eligible service to a telecommunications network operated by a carrier unless
there is in force a written notice, given by AUSTEL to the carrier, certifying
that connection of an eligible service of that kind to a telecommunications
network is not technically feasible.

(6) Where AUSTEL is satisfied that it has become technically feasible to
connect an eligible service of a kind in respect of which a notice under
subsection (5) is in force, AUSTEL must, by written notice given to the
carrier to whom the notice under subsection (5) was given, revoke the notice
under subsection (5).

(7) Subsection (1) does not apply if the carrier has reasonable grounds for
believing that a person to whom the carrier would supply a telecommunications
service because of the connection would fail, to a material extent, to comply
with the terms and conditions on which the carrier would supply the service to
the person.

(8) Examples of the grounds a carrier might have for believing as mentioned in
subsection (7) include:

   (a)  evidence that the person is not creditworthy; and

   (b)  repeated failures by the person to comply with the
        terms and conditions on which that or another carrier has supplied to
        the person a telecommunications service of the same or a similar kind.

(9) A reference in this section to connecting a service to a network includes
a reference to connecting to the network a facility used for or in relation to
supplying the service.