Document ID: chunk:federal_register_of_legislation:F2022L00250:body:0:p4
Version: federal_register_of_legislation:F2022L00250
Segment Type: other
Provision Reference: 
Character Range: 8717–11684

9.5 Payment of the penalty in accordance with the infringement notice, or within such other period agreed to by the ACMA, prevents the ACMA from commencing proceedings under Part 31 of the Telecommunications Act for the imposition of a civil penalty for the alleged contravention (section 572J of the Telecommunications Act). Upon payment, the liability of the person for that alleged contravention is discharged.

    9.6  In the event that payment is not made in accordance with the infringement notice, or the longer period (if any) agreed to by the ACMA, the ACMA may take action, including commencing proceedings for the imposition of a pecuniary penalty under Part 31 of the Telecommunications Act.

   Content of an infringement notice

    9.7  An infringement notice issued by the ACMA under Part 31B of the Telecommunications Act will, among other things:
         (a)                state the name of the person to whom the notice is given;

         (b)                state the date on which the notice is given;

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

         (d)                if the alleged contravention of a civil penalty provision consists of a breach of a provision of another Act or instrument – identify that provision and set out brief details of the alleged breach;

         (e)                state the relevant penalty units and the amount of the penalty imposed;

         (f)                 set out the date by which payment is due, how the payment is to be made and to whom payment should be addressed (see discussion below concerning requests for extensions of time);

         (g)                state that the person to whom a notice is given has the right to request an extension of time to pay;

         (h)                state that, following payment of the penalty, further proceedings will not be taken with respect to the alleged contravention, and that the liability of the person for that alleged contravention is discharged;

         (i)                 explain that the ACMA 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);

         (j)                 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 an extension of time in which to pay the penalty

    9.8   Generally, the penalty is required to be paid within 28 days after the notice is given. However, the ACMA may extend the time for payment (paragraph 572F(1)(d) of the Telecommunications Act).

    9.9  Requests for extensions of time must be received before the due date for payment and will be considered