Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) The Minister, the ACMA, the ACCC or the Home Affairs Minister may institute a proceeding in the Federal Court for the recovery on behalf of the Commonwealth of a pecuniary penalty referred to in section 570.
(2) A proceeding under subsection (1) may be commenced within 6 years after the contravention.
Limit on standing of the ACMA
(3) Despite subsection (1), the ACMA is not entitled to institute a proceeding for the recovery of a pecuniary penalty in respect of a contravention of:
(aaa) section 142C, 143, 143B, 151ZA, 151ZB, 151ZD, 151ZF, 151ZG, 151ZH or 151ZI; or
(aab) the carrier licence condition set out in Part 1 of Schedule 1 in so far as that condition relates to section 142C, 143, 143B, 151ZA, 151ZB, 151ZD, 151ZF, 151ZG, 151ZH or 151ZI; or
(a) the carrier licence condition set out in Part 1 of Schedule 1 in so far as that condition relates to section 369; or
(aa) the carrier licence condition set out in Part 1 of Schedule 1 in so far as that condition relates to section 577AD, 577CD or 577ED; or
(b) a carrier licence condition set out in Part 3, 4 or 5 of Schedule 1; or
(ba) the carrier licence condition set out in clause 84 of Schedule 1; or
(bb) the service provider rule set out in Part 1 of Schedule 2 in so far as that rule relates to section 142C, 143, 143B, 151ZA, 151ZB, 151ZD, 151ZF, 151ZG, 151ZH or 151ZI; or
(c) the service provider rule set out in Part 1 of Schedule 2 in so far as that rule relates to section 369; or
(d) the carrier licence condition set out in section 152AZ of the Competition and Consumer Act 2010 ; or
(e) the service provider rule set out in subsection 152BA(2) of the Competition and Consumer Act 2010 ; or
(f) the carrier licence condition set out in section 152BCO of the Competition and Consumer Act 2010 ; or
(g) the service provider rule set out in subsection 152BCP(2) of the Competition and Consumer Act 2010 ; or
(h) the carrier licence condition set out in section 152BDF of the Competition and Consumer Act 2010 ; or
(i) the service provider rule set out in subsection 152BDG(2) of the Competition and Consumer Act 2010 ; or
(j) the carrier licence condition set out in section 152BEC of the Competition and Consumer Act 2010 ; or
(k) the service provider rule set out in subsection 152BED(2) of the Competition and Consumer Act 2010 ; or
(l) the carrier licence condition set out in section 152CJC of the Competition and Consumer Act 2010 ; or
(m) the service provider rule set out in subsection 152CJD(2) of the Competition and Consumer Act 2010 ; or
(n) the carrier licence condition set out in section 37 of the National Broadband Network Companies Act 2011 ; or
(o) the service provider rule set out in subsection 38(2) of the National Broadband Network Companies Act 2011 ; or
(p) a carrier licence condition covered by section 41 of the National Broadband Network Companies Act 2011 .
Note 1AA: Sections 142C, 143, 143B, 151ZA, 151ZB, 151ZD, 151ZF, 151ZG, 151ZH and 151ZI are set out in Part 8 (local access lines).
Note 1: Section 369 deals with Rules of Conduct under section 367.
Note 1A: Sections 577AD, 577CD and 577ED deal with undertakings given, or originally given, by Telstra.
Note 2: Parts 3, 4 and 5 of Schedule 1 deal with access to network information and access to facilities.
Note 2A: Clause 84 of Schedule 1 deals with control by Telstra of certain spectrum licences.
Note 3: Section 152AZ of the Competition and Consumer Act 2010 deals with standard access obligations.
Note 4: Subsection 152BA(2) of the Competition and Consumer Act 2010 provides that a carriage service provider must comply with any standard access obligations, and certain ancillary obligations, that are applicable to the provider.
Note 5: Section 152BCO of the Competition and Consumer Act 2010 deals with access determinations.
Note 6: Subsection 152BCP(2) of the Competition and Consumer Act 2010 provides that a carriage service provider must comply with any access determinations that are applicable to the provider.
Note 7: Section 152BDF of the Competition and Consumer Act 2010 deals with binding rules of conduct.
Note 8: Subsection 152BDG(2) of the Competition and Consumer Act 2010 provides that a carriage service provider must comply with any binding rules of conduct that are applicable to the provider.
Note 9: Section 152BEC of the Competition and Consumer Act 2010 deals with access agreements.
Note 10: Subsection 152BED(2) of the Competition and Consumer Act 2010 deals with access agreements.
Note 11: Section 152CJC of the Competition and Consumer Act 2010 deals with rules about the supply of services by NBN corporations.
Note 12: Subsection 152CJD(2) of the Competition and Consumer Act 2010 deals with rules about the supply of services by NBN corporations.
Note 13: Section 37 of the National Broadband Network Companies Act 2011 deals with rules about:
(a) the supply of goods and services by NBN corporations; and
(b) the investment of money by NBN corporations; and
(c) the functional separation of NBN corporations; and
(d) the divestment of assets by NBN corporations.
Note 14: Subsection 38(2) of the National Broadband Network Companies Act 2011 deals with rules about:
(a) the supply of goods and services by NBN corporations; and
(b) the investment of money by NBN corporations; and
(c) the functional separation of NBN corporations; and
(d) the divestment of assets by NBN corporations.
Note 15: Section 41 of the National Broadband Network Companies Act 2011 deals with rules about the supply of services by NBN corporations.
Limit on standing of the Home Affairs Minister
(4) Despite subsection (1), the Home Affairs Minister is not entitled to institute a proceeding for the recovery of a pecuniary penalty unless the proceeding relates to a contravention of:
(a) the carrier licence condition set out in Part 1 of Schedule 1 in so far as that condition relates to subsection 313(1A), 314A(3), 315A(5), 315B(12) or 315C(3); or
(b) the service provider rule set out in Part 1 of Schedule 2 in so far as that rule relates to subsection 313(1A) or (2A), 314A(3), 315A(5), 315B(12) or 315C(3).