Document ID: chunk:federal_register_of_legislation:C2004A01215:clause:1_40
Version: federal_register_of_legislation:C2004A01215
Segment Type: clause
Provision Reference: sch 1 cl 40
Character Range: 15048–15593

40  Transitional—sections 121 and 122 of the Telecommunications Act 1997
Sections 121 and 122 of the Telecommunications Act 1997 do not apply to a contravention of an industry code if:
 (a) the contravention occurred before the commencement of Part 2 of the Spam Act 2003; and
 (b) either:
 (i) the code deals with a matter referred to in paragraph 113(3)(q), (r), (s), (t), (u) or (v) of the Telecommunications Act 1997; or
 (ii) the code relates to activities that consist of carrying on business as an electronic messaging service provider.