103Formal warnings—breach of service provider rules

#### 103 Formal warnings—breach of service provider rules (1) The ACMA may issue a formal warning if a person contravenes a service provider rule. (1A) 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). (2) 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. (3) 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. (3A) 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. (3B) 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. (3C) 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. (3D) 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. (3E) 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. (4) The ACCC may issue a formal warning if a person contravenes the service provider rule set out in subsection 152BA(2) of the Competition and Consumer Act 2010. (4A) The ACCC may issue a formal warning if a person contravenes the service provider rule set out in subsection 152BCP(2) of the Competition and Consumer Act 2010. (4B) The ACCC may issue a formal warning if a person contravenes the service provider rule set out in subsection 152BDG(2) of the Competition and Consumer Act 2010. (4C) The ACCC may issue a formal warning if a person contravenes the service provider rule set out in subsection 152BED(2) of the Competition and Consumer Act 2010. (4D) The ACCC may issue a formal warning if a person contravenes the service provider rule set out in subsection 152CJD(2) of the Competition and Consumer Act 2010. (4E) The ACCC may issue a formal warning if a person contravenes the service provider rule set out in subsection 38(2) of the National Broadband Network Companies Act 2011. (4F) The ACCC may issue a formal warning if a person contravenes the service provider 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. (5) The ACCC may issue a formal warning if a person contravenes the service provider rule set out in Part 1 of Schedule 2 in so far as that rule relates to section 369.