Document ID: chunk:federal_register_of_legislation:F2024L01068:body:0:p1
Version: federal_register_of_legislation:F2024L01068
Segment Type: other
Provision Reference: 
Character Range: 0–3328

ACCC Telecommunications (Infringement Notices) Guidelines 2024

The Australian Competition and Consumer Commission makes the following Guidelines under subsection 572M(5) of the Telecommunications Act 1997.

Dated: 28 August 2024

[Signed]

Gina Cass-Gottlieb
Chairperson
Australian Competition and Consumer Commission

[Signed]

Anna Brakey
Commissioner
Australian Competition and Consumer Commission

Australian Competition and Consumer Commission

Contents
1 Name
2 Commencement
3 Authority
4 Definitions and interpretation
5 References to other instruments
6 Introduction
7 Infringement notice provisions in the Telecommunications Act
8 The ACCC's approach to the use of infringement notices
9 Form and Process for Infringement Notices
10 Effect of an infringement notice

    1 Name

     These are the ACCC Telecommunications (Infringement Notices) Guidelines 2024.

    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(5) of the Telecommunications Act 1997.

    4 Definitions and interpretation
     1.    In these guidelines, unless the contrary intention appears:

         ACCC means the Australian Competition and Consumer Commission.

        Authorised Infringement Notice Officer means the Chairperson of the ACCC, or a member of the staff of the ACCC appointed under section 572L of the Telecommunications Act 1997.

    Telecommunications Act means the Telecommunications Act 1997.

     1.   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.

    Note: See subsection 13(1) of the Legislation Act 2003 for the application of the Acts Interpretation Act 1901 to legislative instruments.

   1.         References to other instruments
         1.    In these guidelines, unless the contrary intention appears:

        1.     a reference to any other Act or legislative instrument is a reference to that other Act or legislative instrument as in force from time to time; and

        2.     a reference to any other kind of instrument is a 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.

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

   1.         Introduction
         1.    The ACCC is an independent Commonwealth statutory authority established in 1995. The ACCC is responsible for the economic regulation of the telecommunications sector, including enforcement of the carrier separation rules in Part 8 of the Telecommunications Act.

         2.    Section 3 of the Telecommunications Act states that the main object of the Telecommunications Act, when read together with Parts XIB and XIC of the Competition and Consumer Act 2010, is to provide a regulatory framework that promotes:

        1.     the long-term interests