Commonwealth Numbered Acts

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TELECOMMUNICATIONS ACT 1991 No. 98 of 1991 - SECT 283

Action for unauthorised connection to telecommunications network of customer equipment or customer cabling
283. (1) Where:

   (a)  a person:

   (i)  connects customer equipment to a telecommunications network contrary
        to section 253; or

   (ii) has under his or her control customer equipment connected to a
        telecommunications network that was so connected by another person
        contrary to section 253; or

   (iii) has under his or her control customer equipment connected to a
        telecommunication network that, contrary to section 254, has not been
        disconnected from the network; or

   (iv) connects customer cabling to a telecommunications network contrary to
        section 268; or

   (v)  has under his or her control customer cabling connected to a
        telecommunications network that was so connected by another person
        contrary to section 268; and

   (b)  as a result of:

   (i)  the connection of the customer equipment or customer cabling to the
        network; or

   (ii) the customer equipment or customer cabling being used while it was so
        connected; or

   (iii) the customer equipment not being disconnected from the network; or

   (iv) the customer equipment being used after it was required to be
        disconnected from the network; damage is caused to the network, or the
        carrier operating the network suffers a loss or incurs a liability;
        the carrier operating the network may apply to the Federal Court for
        relief.

(2) The relief that may be granted includes an injunction and, at the option
of the carrier, either damages or an account of profits.

(3) Section 395 applies to an application under subsection (1) of this
section. 


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