Communications Regulation and Digital Hub Development Agency (Amendment) Act 2023
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Decision of adjudicator in relation to administrative sanction | ||
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91. (1) Where an adjudicator makes a decision under section 90 (2), that a person has committed a regulatory breach he or she may, subject to this section, do one or more of the following: | ||
(a) require the person to cease the regulatory breach or to take specified measures to remedy the breach; | ||
(b) impose a financial penalty on the person in accordance with section 94 ; | ||
(c) require the person to pay a refund to a third party in accordance with section 95 ; | ||
(d) require the person to pay compensation to a third party in accordance with section 96 ; | ||
(e) suspend or withdraw the person’s authorisation to provide electronic communications networks or services (other than number-independent interpersonal communications services) or some or all of the person’s rights of use for radio spectrum and of use for numbering resources in accordance with section 97 . | ||
(2) A decision under this section shall specify the time period within which the person is required, subject to any appeal, to cease a regulatory breach or to take specified measures to remedy the breach or to pay any financial penalty, refund or compensation. | ||
(3) In determining the amount of any financial penalty to be imposed the adjudicator shall have regard to the matters outlined in section 94 . | ||
(4) After reaching a decision under section 90 (2) and prior to making a decision under subsection (1), the adjudicator shall provide the Commission and the person to whom the decision relates with a copy of the decision under section 90 (2) and shall inform the Commission and the person of the intention of the adjudicator to do one or more of the things set out in subsection (1). | ||
(5) The adjudicator shall invite the Commission and the person concerned to make written submissions in accordance with subsections (6) and (8). | ||
(6) The Commission may, within a period of 15 working days from the date on which the adjudicator invites it to make written submissions in accordance with subsection (5), or within such further period as is considered appropriate by the adjudicator and specified when inviting submissions, make written submissions to the adjudicator in relation to the application of the criteria specified in section 94 , the amount of any financial penalty that may be imposed and in regard to guidelines made by the Commission under section 98 (1)(b) to (e). | ||
(7) Where the Commission makes submissions in accordance with subsection (6) the adjudicator shall provide the person concerned with a copy of those submissions. | ||
(8) The person concerned may— | ||
(a) where the Commission does not make submissions in accordance with subsection (6), within the period of 15 working days from the date by which the Commission was invited to make submissions in accordance with that subsection, | ||
(b) where the Commission makes submissions in accordance with subsection (6), with the period of 15 working days from the date on which the person is provided with a copy of those submissions, or | ||
(c) within such further period as the adjudicator considers appropriate, and specifies when he or she invites written submissions from the person concerned, | ||
make written submissions to the adjudicator in relation to the application of the criteria specified in section 94 , the amount of any financial penalty and in regard to guidelines made by the Commission under section 98 (1)(b) to (e). | ||
(9) When making submissions in accordance with subsection (6), the Commission may, where it considers that there are, or have been, serious or repeated breaches of conditions by a person found to have committed a regulatory breach, recommend to the adjudicator in writing, that either or both the person’s— | ||
(a) general authorisation to provide electronic communications networks or services (other than number-independent interpersonal communications services), or | ||
(b) some or all of the person’s rights of use for radio spectrum and of use for numbering resources, | ||
be suspended or withdrawn on a temporary or permanent basis. | ||
(10) The adjudicator may by notice in writing request the person concerned to provide, in writing, within a period specified in the notice, such information as the adjudicator considers appropriate for the purpose of determining the administrative sanction to be imposed under subsection (1). |