Requirement to give information about access
126 Requirement to give information about access
The authority may take action under this section to find out whether an access provider who is an owner or operator of a declared service is complying with section 125(1) in relation to the declared service.
The authority may, by written notice given to the access provider, require the access provider to give the authority, within the time (not less than 14 days) stated in the notice, stated information about the arrangements under which the access provider provides, or proposes to provide, access to the service to itself or a related body corporate of the access provider.
The access provider must comply with the requirement within the time stated in the notice, unless the access provider has a reasonable excuse.
Maximum penalty—500 penalty units or 6 months imprisonment.
An access provider is not required to comply with a requirement to give information if the access provider claims on the ground of self incrimination a privilege the access provider would be entitled to claim against giving the information were the access provider a witness in a prosecution for an offence in the Supreme Court.
The authority or access provider may apply to the Supreme Court for a determination of the validity of a claim of privilege.
This Act’s bill:Explanatory memorandum
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