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Telecommunications (Infringement Notices) Guidelines 2022
Telecommunications Act 1997

The Australian Communications and Media Authority makes the following Guidelines under subsection 572M(2) of the Telecommunications Act 1997.

Dated: 3 March 2022

James Cameron
[signed]
Member

Cathy Rainsford
[signed]
Member/General Manager

Australian Communications and Media Authority

Contents
1 Name
2 Commencement
3 Authority
4 Repeal
5 Definitions and interpretation
6 References to other instruments
7 Introduction
8 Exercising enforcement powers
9 Infringement notices

1 Name
     These are the Telecommunications (Infringement Notices) Guidelines 2022.

2 Commencement
     These guidelines commence at the start of the day after the day they are registered on the Federal Register of Legislation.

Note:          The Federal Register of Legislation may be accessed free of charge at www.legislation.gov.au.

3 Authority

    These guidelines are made under subsection 572M(2) of the Telecommunications Act 1997.

4 Repeal

    The Telecommunications (Infringement Notices) Guidelines 2011 (Registration No. F2011L02380) are repealed.

5 Definitions and interpretation
    5.1 In these guidelines, unless the contrary intention appears:

     ACMA means the Australian Communications and Media Authority.

    ACMA Act means the Australian Communications and Media Authority Act 2005.

    TCPSS Act means the Telecommunications (Consumer Protection and Service Standards) Act 1999.

    Telecommunications Act means the Telecommunications Act 1997.

    TIA Act means Chapter 5 of the Telecommunications (Interception and Access) Act 1979.

    5.2 Unless the contrary intention appears, expressions used in these guidelines and the Telecommunications Act have the same meaning in the guidelines as they have in the Telecommunications Act.

6 References to other instruments

     In these guidelines, unless the contrary intention appears:

         (a) a reference to any other legislative instrument is a reference to that other legislative instrument as in force from time to time; and

         (b) a reference to any other kind of instrument is reference to that other instrument as in force from time to time.

        Note 1:  For references to Commonwealth Acts, or any other instruments, see section 589 of the Telecommunications Act, and section 10 of the Acts Interpretation Act 1901; and see also subsection 13(1) of the Legislation Act 2003 for the application of the Acts Interpretation Act 1901 to legislative instruments.

        Note 2:  All Commonwealth Acts and legislative instruments are registered on the Federal Register of Legislation.

7 Introduction

    7.1 The ACMA is an independent statutory authority established under section 6 of the ACMA Act. The ACMA's telecommunications functions are set out in section 8 of that Act.

    7.2 Section 4 of the Telecommunications Act states that Parliament intends that telecommunications be regulated in a manner that:

         (a) promotes the greatest practicable use of industry self-regulation;

         (b) does not impose undue financial and administrative burdens on participants in the Australian telecommunications industry;

    but does not compromise the effectiveness of regulation in achieving the objects of