Applying labels before satisfying requirements under subsection 408(5)

In force

(1)

If a person is subject to requirements that:

(a)

have been specified under subsection 408(5); and

(b)

must be met before applying a particular label to customer equipment or customer cabling;

the person must not apply:

(c)

the label; or

(d)

a label that purports to be such a label;

before the person satisfies those requirements.

(2)

A person who contravenes subsection (1) commits an offence punishable on conviction by a fine not exceeding 100 penalty units.

Note 1:

See also sections 4AA and 4B of the Crimes Act 1914.

Note 2:

See also Division 13 of this Part (which deals with the payment of penalties as an alternative to prosecution).

(3)

Subsection (2) does not apply if the person has a reasonable excuse.

Note:

A defendant bears an evidential burden in relation to the matter in subsection (3) (see subsection 13.3(3) of the Criminal Code).

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