Document ID: chunk:federal_register_of_legislation:F2016C00635:clause:1_20
Version: federal_register_of_legislation:F2016C00635
Segment Type: clause
Provision Reference: sch 1 cl 20
Character Range: 28694–29888

20  IAP service providers' obligation to make non‑compliance reports
 (1) For the purposes of this section, an IAP service provider is taken to know of a breach of an IAP condition if the IAP service provider's monitoring equipment has detected the breach.
 (2) An IAP service provider commits an offence if the IAP service provider:
 (a) knows of:
 (i) a breach by a participating operator of an IAP condition; or
 (ii) anything that indicates that a participating operator may have breached such a condition; and
 (b) does not make a non‑compliance report that complies with subsection (4) to the Authority within the time allowed, in the circumstances, under subsection (5).
Maximum penalty: $10 000 for a first offence; $20 000 for a second or subsequent offence.
 (3) Strict liability applies to paragraph (2)(b).
 (4) A non‑compliance report must be in the form approved for the purpose by TCA, and must contain any information required by the IAP service provider's certification.
 (5) The IAP service provider must make the report:
 (a) within any time specified in the relevant IAP condition; or
 (b) within any time specified by the Authority (by written direction) for the purpose.