Telecommunications Legislation Amendment (Competition and Consumer) Act 2020 (47 of 2020)

Schedule 4   Funding of fixed wireless broadband and satellite broadband

Telecommunications Act 1997

3   After subsection 58(4A)

Insert:

When individual is disqualified - failure to pay funding charge

(4B) For the purposes of subsection (2), an individual is disqualified at a particular time (the test time ) if:

(a) at any time before the test time, a carrier licence held by a body corporate or partnership was cancelled under subsection 72(2B) because of a failure by the body corporate or partnership to pay in full the charge referred to in that subsection; and

(b) in the case of a body corporate - at the time when the charge referred to in subsection 72(2B) was due and payable, the individual was:

(i) a director of the body corporate; or

(ii) the secretary of the body corporate; or

(iii) a person (by whatever name called and whether or not a director of the body corporate) who was concerned in, or took part in, the management of the body corporate; and

(c) in the case of a partnership - at the time when the charge referred to in subsection 72(2B) was due and payable, the individual:

(i) was an employee of the partnership; and

(ii) was concerned in, or took part in, the management of the partnership; and

(d) the individual:

(i) aided, abetted, counselled or procured the failure of the body corporate or partnership; or

(ii) was in any way, by act or omission, directly or indirectly, knowingly concerned in, or party to, the failure of the body corporate or partnership.