Telecommunications Act 1997

The Telecommunications Industry Ombudsman may:

issue a written certificate that:

states that a specified statutory infrastructure provider has contravened a designated compensable standard determined under subsection 360U(1); and

sets out particulars of that contravention; or

issue a written certificate that:

states that a specified statutory infrastructure provider has contravened a designated compensable rule made under subsection 360V(1); and

sets out particulars of that contravention.

In any proceedings under this Division, a certificate under subsection (1) is prima facie evidence of the matters in the certificate.

A document purporting to be a certificate under subsection (1) must, unless the contrary is established, be taken to be a certificate and to have been properly given.

Subsection (1) does not apply to the Telecommunications Industry Ombudsman unless the Telecommunications Industry Ombudsman gives the Minister a written notice consenting to the conferral of the powers conferred by that subsection.

If no notice is in force under subsection (4), subsection (1) has effect as if the reference in that subsection to the Telecommunications Industry Ombudsman were a reference to the ACMA.

The Minister must cause a copy of a notice under subsection (4) to be published on the Department’s website.

The continuity of a notice under subsection (4) is not affected by:

a change in the occupancy of the position of Telecommunications Industry Ombudsman; or

a vacancy in the position of Telecommunications Industry Ombudsman that does not continue for more than 4 months.