Appendix H - Engineering Services Report Part 1 of 2

CRIMINAL CODE ACT 1995
The following is an extract from the Criminal Code Act 1995 and is applicable to Optus plant
Chapter 10 National infrastructure
Part 10.6 Telecommunications Services
Division 474 Telecommunications offences
Sect 474.6 Interference with facilities
1) Apperson is guilty of an offence if the person tampers with, or interferes with, a facility owned or operated by:
(a) a carrier; or
(b) a carriage service provider; or
(c) anominated carrier.
Penalty: Imprisonment for 1 year.

2) For the purposes of an offence against subsection (1), absolute liability applies to the physical element of
circumstance of the offence, that the facility is owned or operated by a carrier, a carriage service provider or a
nominated carrier.

3) Aperson is guilty of an offence if:
(a) the person tampers with, or interferes with, a facility owned or operated by:
i.a carrier; or
ii.a carriage service provider; or
iii.a nominated carrier; and

(b) this conduct results in hindering the normal operation of a carriage service supplied by a carriage
service provider.

Penalty: Imprisonment for 2 years.

4) For the purposes of an offence against subsection (3), absolute liability applies to the following physical
elements of circumstance of the offence:

(a) that the facility is owned or operated by a carrier, a carriage service provider or a nominated carrier;
(b) that the carriage service is supplied by a carriage service provider.
5) Apperson is guilty of an offence if:

(a) the person uses or operates any apparatus or device (whether or not it is comprised in, connected to
or used in connection with a telecommunications network); and

(b) this conduct results in hindering the normal operation of a carriage service supplied by a carriage
service provider.

Penalty: Imprisonment for 2 years.

DAMAGE

ANY DAMAGE TO OPTUS NETWORK MUST BE REPORTED TO 1800 500 253 IMMEDIATELY
The owner is responsible for all plant damage when works commence prior to obtaining Optus Drawings, or failure to
follow instructions.

Optus reserves the right to recover compensation for loss or damage to its cable network and other property including
consequential loss

ASSET RELOCATIONS

You are not permitted to relocate or alter any Optus assets or network under any circumstance.

For all enquiries relating to the relocation of Optus assets please email [email protected]

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