SCHEDULES

SCHEDULE 1Monetary penalty notices

Part 1Monetary penalty notices

Consultation requirements before service of monetary penalty notices

I16

1

The Commissioner must not serve a monetary penalty notice on a person in respect of an interception if any notice of intent in respect of that interception was served on the person more than 3 months earlier.

2

But the Commissioner may serve a monetary penalty notice on a person where the service of the notice would otherwise be prevented by sub-paragraph (1) if the Commissioner—

a

considers it reasonable to do so, and

b

includes the reasons for doing so in the monetary penalty notice.