Commonwealth Consolidated Acts

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TELECOMMUNICATIONS ACT 1997 - SECT 317ZB

Compliance with notices--designated communications provider (other than a carrier or carriage service provider)

  (1)   A designated communications provider (other than a carrier or carriage service provider) must comply with a requirement under:

  (a)   a technical assistance notice; or

  (b)   a technical capability notice;

to the extent that the provider is capable of doing so.

Civil penalty:

  (a)   if the provider is a body corporate--47,619 penalty units; or

  (b)   if the provider is not a body corporate--238 penalty units.

  (2)   The pecuniary penalty for a contravention by a designated communications provider of subsection   (1) must not be more than:

  (a)   if the provider is a body corporate--47,619 penalty units; or

  (b)   if the provider is not a body corporate--238 penalty units.

  (3)   Subsection   82(5) of the Regulatory Powers (Standard Provisions) Act 2014 does not apply to a contravention of subsection   (1) of this section.

  (4)   Sections   564 and 572B do not apply to a contravention of subsection   (1) of this section.

  (5)   In proceedings for a civil penalty order against a designated communications provider for a contravention of subsection   (1) in relation to:

  (a)   a requirement under a technical assistance notice to do an act or thing in a foreign country; or

  (b)   a requirement under a technical capability notice to do an act or thing in a foreign country;

it is a defence if the provider proves that compliance with the requirement in the foreign country would contravene a law of the foreign country.



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