(1) A carrier or carriage service provider must comply with a standard determined under section 389A.
(2) A person must not:
(a) aid, abet, counsel or procure a contravention of subsection (1); or
(b) induce, whether by threats or promises or otherwise, a contravention of subsection (1); or
(c) be in any way, directly or indirectly, knowingly concerned in, or party to, a contravention of subsection (1); or
(d) conspire with others to effect a contravention of subsection (1).
(3) Subsections (1) and (2) are civil penalty provisions .
Note: Part 31 provides for pecuniary penalties for breaches of civil penalty provisions.
Exemptions
(4) The Minister may, by written instrument, exempt a specified carrier, or a specified carriage service provider, from subsection (1).
Note: For specification by class, see the Acts Interpretation Act 1901 .
(5) An instrument under subsection (4) may be:
(a) unconditional; or
(b) subject to such conditions (if any) as are specified in the instrument.
(6) Before making an instrument under subsection (4), the Minister must consult:
(a) the ACCC; and
(b) the ACMA.
(7) An instrument under subsection (4) is not a legislative instrument.