Section 58FG — Competition and Consumer Act 2010 (Cth)

(1) This section applies if the ACMA is the SPF sector regulator for a regulated sector.

(2) Part 26 of the Telecommunications Act 1997 also applies:

(a) to the ACMA in the ACMA’s capacity as the SPF sector regulator; and

(b) in relation to a contravention of the SPF code for the sector in a corresponding way to the way that Part applies in relation to a contravention of that Act that does not relate to the content of a content service.

(3) Part 27 of the Telecommunications Act 1997 also applies:

(a) to the ACMA in the ACMA’s capacity as the SPF sector regulator; and

(b) in relation to the performance of any of the ACMA’s functions under the SPF code for the sector in a corresponding way to the way that Part applies in relation to the performance of any of the ACMA’s telecommunications functions; and

(c) in relation to the exercise of any of the ACMA’s powers under the SPF code for the sector in a corresponding way to the way that Part applies in relation to the exercise of any of the ACMA’s telecommunications powers.

(3) For the purposes of this additional application of Parts 26 and 27 of the Telecommunications Act 1997, the Minister may, by legislative instrument, specify modifications of one or more provisions of those Parts to remove any doubt about how those provisions apply in such a corresponding way in relation to the SPF code.

Note: The modifications are for this additional application of those Parts, and are not modifications of those Parts as they ordinarily apply.

(4) The instrument has effect accordingly.

(5) In this section:

ACMA’s telecommunications functions has the same meaning as in the Telecommunications Act 1997.

ACMA’s telecommunications powers has the same meaning as in the Telecommunications Act 1997.

content service has the same meaning as in the Telecommunications Act 1997.

Related sections

• s 58FD — Preference must be given to compensation for victims
• s 58FE — Monitoring compliance with an SPF code—default
• s 58FF — Investigating compliance with an SPF code—default
• s 58FH — Monitoring or investigating—ASIC
• s 58FI — Monitoring or investigating—Minister may declare that alternative powers apply for other SPF sector regulators
• s 58FJ — Civil penalty provisions

Research how courts apply s 58FG

BriefBridge searches Australian caselaw by meaning — every answer cited to the paragraph.