97Anti‑avoidance

#### 97 Anti‑avoidance (1) A carrier must not, either alone or together with one or more other persons, enter into, begin to carry out or carry out a scheme if it would be concluded that the carrier did so for the sole or dominant purpose of avoiding the application of: (a) section 93 of this Act; or (b) any provision of the Telecommunications (Regional Broadband Scheme) Charge Act 2020 (other than section 20 of that Act); in relation to: (c) the carrier; or (d) any other carrier. (1A) A carrier must not, either alone or together with one or more other persons, enter into, begin to carry out or carry out a scheme if it would be concluded that the carrier did so for the sole or dominant purpose of obtaining the benefit of section 20 of the Telecommunications (Regional Broadband Scheme) Charge Act 2020 in relation to: (a) the carrier; or (b) any other carrier. Ancillary contraventions (2) A person must not: (a) aid, abet, counsel or procure a contravention of subsection (1) or (1A); or (b) induce, whether by threats or promises or otherwise, a contravention of subsection (1) or (1A); or (c) be in any way, directly or indirectly, knowingly concerned in, or party to, a contravention of subsection (1) or (1A); or (d) conspire with others to effect a contravention of subsection (1) or (1A). Civil penalty provisions (3) Subsections (1), (1A) and (2) are civil penalty provisions. > Note: Part 31 of the Telecommunications Act 1997 provides for pecuniary penalties for breaches of civil penalty provisions. Offences (4) A carrier commits an offence if: (a) the carrier, either alone or together with one or more other persons, enters into, begins to carry out or carries out a scheme; and (b) the carrier did so for the sole or dominant purpose of avoiding the application of: (i) section 93 of this Act; or (ii) any provision of the Telecommunications (Regional Broadband Scheme) Charge Act 2020 (other than section 20 of that Act); in relation to: (iii) the carrier; or (iv) any other carrier. Penalty: 10,000 penalty units. (4A) A carrier commits an offence if: (a) the carrier, either alone or together with one or more other persons, enters into, begins to carry out or carries out a scheme; and (b) the carrier did so for the sole or dominant purpose of obtaining the benefit of section 20 of the Telecommunications (Regional Broadband Scheme) Charge Act 2020 in relation to: (i) the carrier; or (ii) any other carrier. Penalty: 10,000 penalty units. Validity of transactions (5) A contravention of subsection (1), (1A), (2), (4) or (4A) does not affect the validity of any transaction. Scheme (6) For the purposes of this section, scheme means: (a) any agreement, arrangement, understanding, promise or undertaking, whether express or implied; or (b) any scheme, plan, proposal, action, course of action or course of conduct, whether unilateral or otherwise.