Document ID: chunk:federal_register_of_legislation:F2024L01068:body:0:p5
Version: federal_register_of_legislation:F2024L01068
Segment Type: other
Provision Reference: 
Character Range: 11971–14904

Process for Infringement Notices

  Content of an infringement notice
     1.    An infringement notice given by an authorised infringement notice officer under Part 31B of the Telecommunications Act will, among other things:

          1.     state the name of the person to whom the notice is given;

          2.     state the date on which the notice is given;

          3.     set out brief details of the alleged contravention, including the date of the alleged contravention and the civil penalty provision that was allegedly contravened;

          4.     state the relevant penalty units and the amount of the infringement notice penalty;

          5.     set out the date by which payment can be made, how the payment is to be made and to whom payment should be addressed;

          6.      state that the person to whom a notice is given can request a longer period for payment of the penalty;

          7.     state that, if payment of the penalty amount specified in the infringement notice is made, proceedings will not be instituted by the ACCC in the Federal Court with respect to the alleged contravention which is the subject of the infringement notice;

          8.     explain that the authorised infringement notice officer may withdraw the infringement notice within 28 days of giving the notice and must, if the penalty has already been paid, refund the penalty (see discussion below concerning applications for withdrawal); and

          9.      set out the name of the authorised infringement notice officer who gave the notice and the contact details of the person to whom enquiries concerning the notice may be directed.

Request for a longer period for payment of the penalty
     1.    Generally, the compliance period for payment of a penalty under an infringement notice is 28 days. However, the authorised infringement notice officer may specify a longer compliance period in the infringement notice.

     2.    The recipient of a notice may make a request for a longer period for payment of the penalty.  In making a request for a longer period for payment of the penalty, the recipient should set out the reasons why such a longer period for payment is appropriate. In making such requests, the recipient should advise the ACCC:

          1.     whether they intend to pay the infringement notice penalty;

          2.     the circumstances as to why they are not able to pay the infringement notice penalty within the current compliance period; and

          3.     why they anticipate they will be able to comply if the compliance period is extended.

          1.    A request for a longer period for payment of the penalty should allow sufficient time for the authorised infringement notice officer's consideration of the request for a longer compliance period. Generally speaking, requests should be made no later than two weeks before the payment due date.

          2.    Requests