Telecommunications Act 1997

This section applies to a person who is a participant in a particular section of the telecommunications industry, the telemarketing industry or the fax marketing industry.

The ACMA may issue a formal warning if the person contravenes an industry code registered under this Part.

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 issuing the warning.

If:

at a time when an industry code (the original code) was registered under this Part, a formal warning could have been given to a person under subsection (2) 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the original code has been replaced by another code that is registered under this Part; and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 formal warning under subsection (2) in respect of the replacement code, if the conduct concerned had occurred after the replacement code was registered;