Telecommunications Act 1997

If:

a designated Telstra successor company (the first designated Telstra successor company) is subject to a direction (the first direction) given by the ACMA under this Act or the Telecommunications (Consumer Protection and Service Standards) Act 1999; and

the ACMA is satisfied that the first designated Telstra successor company has failed, is failing, or is likely to fail, to comply with the first direction;

another designated Telstra successor company; or

a body corporate that is a related body corporate (within the meaning of the Corporations Act 2001) of the first designated Telstra successor company;

The ACMA must not give a direction to a body corporate under subsection (1) unless:

the ACMA is satisfied that the action specified in the direction will facilitate the first designated Telstra successor company complying with the first direction; and

the ACMA is satisfied that the body corporate:

has the capability (including the technical, operational and organisational capability) to comply with the direction; or

could reasonably acquire the capability (including the technical, operational and organisational capability) to comply with the direction; and

the body corporate:

is a constitutional corporation; or

carries on a telecommunications business covered by paragraph 581L(1)(a), (b) or (c).

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

Subsection (3) is a civil penalty provision.

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

Before the ACMA gives or varies a direction under subsection (1), the ACMA must consult the ACCC.

Before giving or varying a direction under subsection (1), the ACMA must:

make a copy of the draft direction or variation available on the ACMA’s website; and

publish a notice on the ACMA’s website:

stating that the ACMA has prepared the draft; and

inviting interested persons to give written comments about the draft to the ACMA within the period specified in the notice.

The period specified in the notice must run for at least 30 days after the publication of the notice.

If interested persons have given comments in accordance with a notice under subsection (6), the ACMA must have due regard to those comments in giving or varying the direction.