233Connection etc. of unlicensed services

##### 233 Connection etc. of unlicensed services (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 $12,000.