70Formal warnings—breach of condition

#### 70 Formal warnings—breach of condition (1) The ACMA may issue a formal warning if a carrier contravenes a condition of the carrier licence held by the carrier. (1A) 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). (2) 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. (2A) 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. (3) 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. (3B) 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. (4) 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. (4A) Subsection (1) does not apply to the condition set out in section 152BCO of the Competition and Consumer Act 2010. > Note: Section 152BCO of the Competition and Consumer Act 2010 deals with access determinations. (4B) Subsection (1) does not apply to the condition set out in section 152BDF of the Competition and Consumer Act 2010. > Note: Section 152BDF of the Competition and Consumer Act 2010 deals with binding rules of conduct. (4C) Subsection (1) does not apply to the condition set out in section 152BEC of the Competition and Consumer Act 2010. > Note: Section 152BEC of the Competition and Consumer Act 2010 deals with access agreements. (4D) Subsection (1) does not apply to the condition set out in section 152CJC of the Competition and Consumer Act 2010. > Note: Section 152CJC of the Competition and Consumer Act 2010 deals with rules about the supply of services by NBN corporations. (4E) Subsection (1) does not apply to the condition set out in section 37 of the National Broadband Network Companies Act 2011. > Note: Section 37 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. (4F) Subsection (1) does not apply to a condition covered by section 41 of the National Broadband Network Companies Act 2011. > Note: Section 41 of the National Broadband Network Companies Act 2011 deals with rules about the supply of services by NBN corporations. (5) The ACCC may issue a formal warning if a carrier contravenes any of the following conditions of the carrier licence held by the carrier: (aaa) the 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; (a) the condition set out in Part 1 of Schedule 1 in so far as that condition relates to section 369; (aa) the condition set out in Part 1 of Schedule 1 in so far as that condition relates to section 577AD, 577CD or 577ED; (b) a condition set out in Part 3, 4 or 5 of Schedule 1; (c) the condition set out in section 152AZ of the Competition and Consumer Act 2010; (d) the condition set out in section 152BCO of the Competition and Consumer Act 2010; (e) the condition set out in section 152BDF of the Competition and Consumer Act 2010; (f) the condition set out in section 152BEC of the Competition and Consumer Act 2010; (g) the condition set out in section 152CJC of the Competition and Consumer Act 2010; (h) the condition set out in section 37 of the National Broadband Network Companies Act 2011; (i) a condition covered by section 41 of the National Broadband Network Companies Act 2011.