69Remedial directions—breach of condition

69 Remedial directions—breach of condition

(1) This section applies if a carrier has contravened, or is contravening, a condition of the carrier licence held by the carrier. (2) The ACMA may give the carrier a written direction requiring the carrier to take specified action directed towards ensuring that the carrier does not contravene the condition, or is unlikely to contravene the condition, in the future. (3) The following are examples of the kinds of direction that may be given to a carrier under subsection (2): (a) a direction that the carrier implement effective administrative systems for monitoring compliance with a condition of the licence; (b) a direction that the carrier implement a system designed to give the carrier’s employees, agents and contractors a reasonable knowledge and understanding of the requirements of a condition of the licence, in so far as those requirements affect the employees, agents or contractors concerned. (4) A carrier must not contravene a direction under subsection (2). (4A) Subsection (1) does not apply to a condition set out in Part 1 of Schedule 1 in so far as that condition 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 a condition set out in Part 1 of Schedule 1 in so far as that condition relates to section 369.

Note: Section 369 deals with Rules of Conduct under section 367.

(5A) Subsection (1) does not apply to a condition set out in Part 1 of Schedule 1 in so far as that condition relates to section 577AD, 577CD or 577ED.

Note: Sections 577AD, 577CD and 577ED deal with undertakings given, or originally given, by Telstra.

(6) Subsection (1) does not apply to a condition set out in Part 3, 4 or 5 of Schedule 1.

Note: Parts 3, 4 and 5 of Schedule 1 deal with access to network information and access to facilities.

(6B) Subsection (1) does not apply to the condition set out in clause 84 of Schedule 1.

Note: Clause 84 of Schedule 1 deals with control by Telstra of certain spectrum licences.

(7) Subsection (1) does not apply to the condition set out in section 152AZ of the Competition and Consumer Act 2010.

Note: Section 152AZ of the Competition and Consumer Act 2010 deals with standard access obligations.

(7A) Subsection (1) does not apply to the condition set out in section 152BCO of the Competition and Consumer Act 2010.