102Remedial directions—breach of service provider rules

#### 102 Remedial directions—breach of service provider rules (1) This section applies if a service provider has contravened, or is contravening, a service provider rule. (2) The ACMA may give the provider a written direction requiring the provider to take specified action directed towards ensuring that the provider does not contravene the rule, or is unlikely to contravene the rule, in the future. (3) The following are examples of the kinds of direction that may be given to a service provider under subsection (2): (a) a direction that the provider implement effective administrative systems for monitoring compliance with a service provider rule; (b) a direction that the provider implement a system designed to give the provider’s employees, agents and contractors a reasonable knowledge and understanding of the requirements of a service provider rule, in so far as those requirements affect the employees, agents or contractors concerned. (4) A service provider must not contravene a direction under subsection (2). (4A) Subsection (1) does not apply to the 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. > Note: Sections 142C, 143, 143B, 151ZA, 151ZB, 151ZD, 151ZF, 151ZG, 151ZH and 151ZI are set out in Part 8 (local access lines). (5) Subsection (1) does not apply to the rule set out in Part 1 of Schedule 2 in so far as that rule relates to section 369. > Note: Section 369 deals with Rules of Conduct under section 367. (6) Subsection (1) does not apply to the rule set out in subsection 152BA(2) of the Competition and Consumer Act 2010. > Note: Subsection 152BA(2) of the Competition and Consumer Act 2010 provides that a carriage service provider must comply with any standard access obligations that are applicable to the provider. (6A) Subsection (1) does not apply to the rule set out in subsection 152BCP(2) of the Competition and Consumer Act 2010. > Note: 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. (6B) Subsection (1) does not apply to the rule set out in subsection 152BDG(2) of the Competition and Consumer Act 2010. > Note: 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. (6C) Subsection (1) does not apply to the rule set out in subsection 152BED(2) of the Competition and Consumer Act 2010. > Note: Subsection 152BED(2) of the Competition and Consumer Act 2010 deals with access agreements. (6D) Subsection (1) does not apply to the rule set out in subsection 152CJD(2) of the Competition and Consumer Act 2010. > Note: Subsection 152CJD(2) of the Competition and Consumer Act 2010 deals with rules about the supply of services by NBN corporations. (6E) Subsection (1) does not apply to the rule set out in subsection 38(2) of the National Broadband Network Companies Act 2011. > Note: 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. (7) A direction under subsection (2) is not a legislative instrument.