Document ID: chunk:federal_register_of_legislation:C2024C00742:section:317zb
Version: federal_register_of_legislation:C2024C00742
Segment Type: section
Provision Reference: s 317ZB
Character Range: 680977–682495

317ZB  Compliance with notices—designated communications provider (other than a carrier or carriage service provider)
 (1) A designated communications provider (other than a carrier or carriage service provider) must comply with a requirement under:
 (a) a technical assistance notice; or
 (b) a technical capability notice;
to the extent that the provider is capable of doing so.
Civil penalty:
 (a) if the provider is a body corporate—47,619 penalty units; or
 (b) if the provider is not a body corporate—238 penalty units.
 (2) The pecuniary penalty for a contravention by a designated communications provider of subsection (1) must not be more than:
 (a) if the provider is a body corporate—47,619 penalty units; or
 (b) if the provider is not a body corporate—238 penalty units.
 (3) Subsection 82(5) of the Regulatory Powers (Standard Provisions) Act 2014 does not apply to a contravention of subsection (1) of this section.
 (4) Sections 564 and 572B do not apply to a contravention of subsection (1) of this section.
 (5) In proceedings for a civil penalty order against a designated communications provider for a contravention of subsection (1) in relation to:
 (a) a requirement under a technical assistance notice to do an act or thing in a foreign country; or
 (b) a requirement under a technical capability notice to do an act or thing in a foreign country;
it is a defence if the provider proves that compliance with the requirement in the foreign country would contravene a law of the foreign country.