Commonwealth Consolidated Acts

TELECOMMUNICATIONS (CONSUMER PROTECTION AND SERVICE STANDARDS) ACT 1999 - SECT 102N

  (1)   If an amount of:

  (a)   charge; or

  (b)   an instalment of charge;

that is payable by a person remains unpaid after the day on which it becomes due and payable, the person is liable to pay a penalty ( late payment penalty ) on the unpaid amount for each day until all of:

  (c)   the charge; or

  (d)   the instalment of charge;

as the case may be, has been paid.

  (2)   The late payment penalty rate is 20% per year, or such lower rate as the ACMA determines in writing for the purposes of this subsection.

  (3)   The ACMA may remit the whole or part of a late payment penalty that a person is liable to pay under subsection   (1).

  (4)   The late payment penalty for a day is due and payable at the end of that day.

  (5)   Late payment penalty:

  (a)   is a debt due to the ACMA on behalf of the Commonwealth; and

  (b)   may be recovered by the ACMA, on behalf of the Commonwealth, in:

  (i)   the Federal Court; or

  (ii)   the Federal Circuit and Family Court of Australia (Division   2); or

  (iii)   a court of a State or Territory that has jurisdiction in relation to the matter.

  (6)   If the amount of the late payment penalty for a day is not an amount of whole dollars, the late payment penalty is rounded to the nearest dollar (rounding 50 cents upwards).

  (7)   A determination under subsection   (2) is a legislative instrument.