228Declarations that services are unlicensed

##### 228 Declarations that services are unlicensed (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.