Commonwealth Consolidated Acts

TELECOMMUNICATIONS (CONSUMER PROTECTION AND SERVICE STANDARDS) ACT 1999 - SECT 29

Scope

  (1)   This section applies to a carriage service provider if:

  (a)   the Secretary believes on reasonable grounds that, if the carriage service provider were to consent to another person (the third person ) contacting:

  (i)   the carriage service provider's customers; or

  (ii)   customers included in a particular class of the carriage service provider's customers;

    for a purpose relating to the achievement of the policy objective set out in paragraph   13(1)(e), that consent would be likely to facilitate the achievement of the policy objective set out in paragraph   13(1)(e); and

  (b)   the carriage service provider is not a contractor in relation to a section   14 contract entered into for a purpose relating to the achievement of the policy objective set out in paragraph   13(1)(e); and

  (c)   the carriage service provider is not a grant recipient in relation to a section   14 grant made for a purpose relating to the achievement of the policy objective set out in paragraph   13(1)(e).

Requirement

  (2)   The Secretary may, by written notice given to the carriage service provider, require the carriage service provider:

  (a)   to consent to the third person contacting:

  (i)   if subparagraph   (1)(a)(i) applies--the carriage service provider's customers; or

  (ii)   if subparagraph   (1)(a)(ii) applies--customers included in a specified class of the carriage service provider's customers;

    for a purpose relating to the achievement of the policy objective set out in paragraph   13(1)(e); and

  (b)   to do so within the period and in the manner specified in the notice.

  (3)   A period specified under subsection   (2) must not be shorter than 14 days after the notice is given.

Compliance

  (4)   A carriage service provider must comply with a requirement under subsection   (2).

  (5)   A carriage service provider commits an offence if:

  (a)   the Secretary has given a notice to the carriage service provider under subsection   (2); and

  (b)   the carriage service provider engages in conduct; and

  (c)   the carriage service provider's conduct contravenes a requirement in the notice.

Penalty for contravention of this subsection:   50 penalty units.