Commonwealth Consolidated Acts

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TELECOMMUNICATIONS ACT 1997 - SECT 476

ACCC may give directions to declared manager of electronic addressing

  (1)   The ACCC may, by written notice given to a declared manager of electronic addressing in relation to a particular kind of electronic addressing and a particular kind of listed carriage service, direct the manager to do, or refrain from doing, a specified act or thing relating to that kind of electronic addressing and that kind of carriage service.

  (2)   The ACCC must not give a direction under this section unless, in the ACCC's opinion:

  (a)   the electronic addressing is of public importance; and

  (b)   compliance with the direction is likely to have a bearing on competition or consumer protection.

  (3)   In determining whether the kind of electronic addressing is of public importance, the ACCC must have regard to the extent to which the addressing is of significant social and/or economic importance.

  (4)   Subsection   (3) does not, by implication, limit the matters to which the ACCC may have regard.

  (5)   Before giving a direction under this section, the ACCC must consult the ACMA.

  (6)   A person must comply with a direction under this section.

  (7)   A person commits an offence if:

  (a)   the person has been given a direction under this section; and

  (b)   the person engages in conduct; and

  (c)   the person's conduct contravenes the direction.

Penalty:   10 penalty units.

  (8)   A direction under this section is a legislative instrument.

  (9)   In this section:

"engage in conduct" means:

  (a)   do an act; or

  (b)   omit to perform an act.



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