Document ID: chunk:federal_register_of_legislation:C2012C00891:clause:1_572e:p2
Version: federal_register_of_legislation:C2012C00891
Segment Type: clause
Provision Reference: sch 1 cl 572E (pt 2/3)
Character Range: 301879–304483

subsection 152BED(2) of the Competition and Consumer Act 2010;
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;
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 is alleged to have taken place.
Note:  For listed infringement notice provision, see subsection (7).

Listed infringement notice provision
 (7) The ACMA may, by legislative instrument, declare that:
 (a) a specified provision of this Act; or
 (b) a specified provision of a declaration in force under section 63; or
 (c) a specified provision of a determination in force under section 99;
is a listed infringement notice provision for the purposes of this section.

Consultation
 (8) Before making or varying a declaration under subsection (7), the ACMA must:
 (a) cause to be published on the ACMA's website a notice:
 (i) setting out the draft declaration or variation;