Document ID: chunk:federal_register_of_legislation:C2024C00742:section:572e:p2
Version: federal_register_of_legislation:C2024C00742
Segment Type: section
Provision Reference: s 572E (pt 2/3)
Character Range: 1191795–1194382

subsection 152BED(2) of the Competition and Consumer Act 2010; or
 (xiv) the carrier licence condition set out in section 152CJC of the Competition and Consumer Act 2010; or
 (xv) the service provider rule set out in subsection 152CJD(2) of the Competition and Consumer Act 2010; or
 (xvi) the carrier licence condition set out in section 37 of the National Broadband Network Companies Act 2011; or
 (xvii) the service provider rule set out in subsection 38(2) of the National Broadband Network Companies Act 2011; or
 (xviii) a carrier licence condition covered by section 41 of the National Broadband Network Companies Act 2011;
an infringement notice must not be given to the person in relation to the contravention of section 68 or 101, as the case may be.
 (5) If:
 (a) a person's conduct constitutes a contravention of section 68 or 101; and
 (b) the contravention consists of a breach of:
 (i) a carrier licence condition set out in a provision of this Act other than Part 1 of Schedule 1; or
 (ii) a carrier licence condition set out in a provision of a declaration in force under section 63; or
 (iii) a service provider rule set out in a provision of this Act other than Part 1 of Schedule 2; or
 (iv) a service provider rule set out in a provision of a determination in force under section 99;
an infringement notice must not be given to the person in relation to the contravention of section 68 or 101, as the case may be, unless the provision mentioned in subparagraph (b)(i), (ii), (iii) or (iv), as the case may be:
 (c) is a listed infringement notice provision; and
 (d) has been a listed infringement notice provision for at least 3 months before the day on which the contravention is alleged to have taken place.
Note: For listed infringement notice provision, see subsection (7).
 (6) If:
 (a) a person's conduct constitutes a contravention of section 68 or 101; and
 (b) the contravention consists of a breach of:
 (i) the carrier licence condition set out in Part 1 of Schedule 1; or
 (ii) the service provider rule set out in Part 1 of Schedule 2; and
 (c) the contravention consists of a breach of another provision of this Act (other than section 142C, 143, 143B, 151ZA, 151ZB, 151ZD, 151ZF, 151ZG, 151ZH or 151ZI);
an infringement notice must not be given to the person in relation to the contravention of section 68 or 101, as the case may be, unless:
 (d) the other provision is a listed infringement notice provision; and
 (e) the other provision has been a listed infringement notice provision for at least 3 months before the day on which the contravention