Commonwealth Numbered Acts

TELECOMMUNICATIONS ACT 1991 No. 98 of 1991 - SECT 258

258. (1) Where an application has been made under section 257, AUSTEL may, by
notice in writing given to the applicant, issue a permit for the connection to
a telecommunications network of customer equipment or a type of customer
equipment.

(2) AUSTEL may include conditions in the permit including, for example,
conditions:

   (a)  requiring the customer equipment to be labelled in the specified
        manner; and

   (b)  requiring the customer equipment to be inspected by carriers before
        being connected to a telecommunications network.

(3) AUSTEL must not issue a permit unless it is satisfied that:

   (a)  the application complies with subsection 257 (2); and

   (b)  connection of the customer equipment concerned, in accordance with the
        conditions included in the permit, would comply with technical
        standards determined by AUSTEL under Division 3; and

   (c)  the issuing of the permit is not contrary to directions given by the
        Minister under Division 5.

(4) In deciding whether it is satisfied as to whether connection of customer
equipment to a telecommunications network would comply with technical
standards determined under Division 3, AUSTEL may reach a conclusion contrary
to any conclusion reached on that matter in a report, by an accredited test
house, that accompanied the application for the permit concerned.

(5) Where AUSTEL issues a permit, it must include in the notice under
subsection (1) a statement to the effect that the applicant may, within 21
days after receiving the notice, apply to AUSTEL for reconsideration of the
conditions included in the permit.

(6) Where AUSTEL decides not to issue a permit, it must give to the applicant
written notice that the application is refused, together with:

   (a)  its reasons for the refusal; and

   (b)  a statement to the effect that the applicant may, within 21 days after
        receiving the notice, apply to AUSTEL for reconsideration of the
        refusal.