Document ID: chunk:federal_register_of_legislation:C2011A00107:clause:1_372na
Version: federal_register_of_legislation:C2011A00107
Segment Type: clause
Provision Reference: sch 1 cl 372NA
Character Range: 31201–32463

372NA  Code relating to access
 (1) The ACCC may, by legislative instrument, make a Code setting out conditions that are to be complied with in relation to the provision of access under this Division.
 (2) The owner or operator of a fixed‑line facility must comply with the Code.
 (3) This section does not, by implication, limit a power conferred by or under this Act to make an instrument.
 (4) This section does not, by implication, limit the matters that may be dealt with by codes or standards referred to in Part 6.
 (5) Subsections (3) and (4) do not, by implication, limit subsection 33(3B) of the Acts Interpretation Act 1901.

Ancillary contraventions
 (6) A person must not:
 (a) aid, abet, counsel or procure a contravention of subsection (2); or
 (b) induce, whether by threats or promises or otherwise, a contravention of subsection (2); or
 (c) be in any way, directly or indirectly, knowingly concerned in, or party to, a contravention of subsection (2); or
 (d) conspire with others to effect a contravention of subsection (2).

Civil penalty provisions
 (7) Subsections (2) and (6) are civil penalty provisions.
Note: Part 31 provides for pecuniary penalties for breaches of civil penalty provisions.

Division 5—Exemption of certain projects