23ACCC may require copy of service agreement or access agreement

23 ACCC may require copy of service agreement or access agreement

(1) The ACCC may, by written notice given to a designated entity, require the entity to provide a copy of either or both of the following within 10 business days after the day the notice is given:

(a) a service agreement or access agreement to which the entity is party;

(b) an agreement varying a service agreement or access agreement to which the entity is party.

(2) A designated entity is liable to a civil penalty if:

(a) the entity is required to give a copy of a document in accordance with a notice under subsection (1); and

(b) the entity fails to comply with the requirement.

Note 1: An individual may be liable for an ancillary contravention of this civil penalty provision (see section 92 of the Regulatory Powers Act).

Note 2: This subsection is a continuing civil penalty provision under section 93 of the Regulatory Powers Act.

Civil penalty:

(a) for a body corporate—300 penalty units; and

(b) for an individual—60 penalty units.

(3) A notice under subsection (1) is not a legislative instrument.