Civil infringement notice
Section 156B, Telecommunications Act 2001
Number of notice:
Date of notice:
This civil infringement notice is served under section 156B(1)(a) of the Telecommunications Act 2001 to—
You are required to pay a pecuniary penalty of $2,000 as a consequence of committing a breach of a provision set out in section 156A of the Telecommunications Act 2001.
Provision(s) alleged to have been breached
[set out the relevant provision(s) of section 156A of the Telecommunications Act 2001 and any other relevant provisions. For example—
Failure, without reasonable excuse, to comply with section 22A of the Telecommunications Act 2001.
Effect of application on existing agreement for supply of designated access service or specified service
(2) The access provider must not, as a direct or indirect result of the access seeker making the application for a determination, act in a way that is, or is likely to be, prejudicial to the interests of the access seeker.
Conduct constituting the breach
[Set out details of the time, manner, and nature of the alleged breach.]
When payment due
The pecuniary penalty must be paid within 28 days of the date of this notice, unless you make a written objection to the Commerce Commission (see below). The last date for payment is therefore [date].
How to pay
You may pay either by cheque or direct credit.
|By cheque:||•||make the cheque out to [name].|
| ||•||post it to [address].|
|By direct credit:|| ||to [account details].|
Please read the following carefully. Seek legal advice if necessary.
You may object to this notice
You may object to this notice by making an objection to the Commerce Commission (the Commission) under section 156E of the Telecommunications Act 2001 (the Act). Any objection must be received by the Commission on or before the last date for payment of the pecuniary penalty.
Your objection must be on either or both of the following grounds:
(For instance, you may claim that you had a reasonable excuse for breaching a provision of section 156A of the Act, or that the breach was so minor as to not justify the imposition of a $2,000 pecuniary penalty.)
Your objection must—
In accordance with section 156F of the Act, the Commission—
•must decide, within 10 working days of receiving it, whether to accept or refuse the objection; and
•will give you written notice of its decision promptly, with reasons.
If the Commission accepts your objection, the Commission will withdraw this notice and you will not be required to pay the pecuniary penalty.
If the Commission refuses your objection, it will specify the new time within which you must pay the pecuniary penalty and how it must be paid. The Commission will also explain your rights of appeal to a District Court against its decision on your objection.
What happens if you do not pay the pecuniary penalty
If you do not pay the pecuniary penalty, in full, within the time specified in this notice (or within the new time specified by the Commission when giving notice of a refusal of objection), the unpaid portion of the pecuniary penalty becomes a debt due to the Commission. In accordance with section 156H of the Act, the Commission may take proceedings in a District Court to recover from you—
The Commission may publish information about this notice
The Commission is entitled, under section 156K of the Act, to publish a notice stating that you have been served with a civil infringement notice. If a notice is published, it will state—
The Commission may not exercise the power to publish a notice—
•before the close of the date by which an objection must be made; or
•if you make an objection and the Commission refuses it, before the close of the period for bringing an appeal against that decision; or
•if the Commission withdraws the notice; or
•if you appeal a decision to refuse your objection within the appeal period and the District Court cancels the penalty.
Queries and correspondence
Address any queries or correspondence about this notice to [name of responsible officer at Commission] at [contact details of responsible officer].
In any written correspondence, include—