115Directions relating to CMS equipment

115 Directions relating to CMS equipment

115 Directions relating to CMS equipment

(1) In this clause—

CMS equipment means any device or equipment (including cables) used in connection with the operation of an authorised CMS.

(2) The Minister may, by notice in writing, direct a CMS licensee to make available to the State, at a fair and reasonable cost, any CMS equipment that belongs to, or is under the control of, the licensee.

(3) If any dispute arises as to the cost of the CMS equipment required to be made available to the State in accordance with the direction—

(a) the Minister is to appoint an independent arbitrator to resolve the matter, and

(b) the CMS licensee is, pending the resolution of the matter, required to comply with the direction.

(4) A CMS licensee who does not comply with a direction given to the licensee under this clause is guilty of an offence.

Maximum penalty—50 penalty units.

(5) A direction under this clause is not required to be complied with if the CMS equipment to which the direction relates is sold or otherwise transferred to the State.