Telecommunications Act 1997

If:

a person is a participant in a particular section of the telecommunications industry, the telemarketing industry or the fax marketing industry; and

the ACMA is satisfied that the person has contravened or is contravening an industry code that:

is registered under this Part; and

applies to participants in that section of the industry;

If the ACMA is satisfied that the contravention of the industry code relates directly or indirectly to a matter dealt with by the Australian Privacy Principles or by a registered APP code (within the meaning of the Privacy Act 1988), the ACMA must consult the Information Commissioner before giving the direction.

If:

at a time when an industry code (the original code) was registered under this Part, a direction could have been given to a person under subsection (1) in respect of the original code; and

the original code has been replaced by another code that is registered under this Part; and

the person could have been given a direction under subsection (1) in respect of the replacement code, if the conduct concerned had occurred after the replacement code was registered;

A person must comply with a direction under subsection (1).

A person must not:

aid, abet, counsel or procure a contravention of subsection (2); or

induce, whether by threats or promises or otherwise, a contravention of subsection (2); or

be in any way, directly or indirectly, knowingly concerned in, or party to, a contravention of subsection (2); or

conspire with others to effect a contravention of subsection (2).

Subsections (2) and (3) are civil penalty provisions.

Part 31 provides for pecuniary penalties for breaches of civil penalty provisions.

A direction under subsection (1) is not a legislative instrument.