Communications Regulation and Digital Hub Development Agency (Amendment) Act 2023

Enforcement

52. (1) The following provisions are regulatory provisions:

(a) section 41 (1).

(b) subsections (1) and (2) of section 42 ;

(c) section 43 ;

(d) section 45 .

(2) A provider that fails to comply with—

(a) a requirement under section 41 (2).

(b) an obligation to take a measure prescribed by a regulation under section 41 (3) that is stated in the regulations to be a penal provision,

(c) subsections (1) and (2) of section 42 ,

(d) a direction under section 42 (4).

(e) section 43 (a).

(f) a requirement under section 44 ,

(g) a direction under section 46 , or

(h) a direction under section 49 ,

commits an offence and is liable on summary conviction to a class A fine.

(3) In proceedings for the prosecution of an offence consisting of a failure to comply with section 43 it is a defence for a provider to show that it took all reasonable steps and exercised all due diligence to avoid committing the offence.