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. |