Document ID: chunk:federal_register_of_legislation:F2021L01123:reg:4:p9
Version: federal_register_of_legislation:F2021L01123
Segment Type: reg
Provision Reference: reg 4 (pt 9/12)
Character Range: 22159–25012

action against the recipient for similar contraventions

               the contraventions have occurred over an extended period of time

               the recipient has, as a consequence of the contraventions, obtained a financial or other advantage, to the detriment of others

               the recipient's conduct is the subject of other compliance or enforcement action by the ACMA.

    13.3  Before an infringement notice is issued, a formal warning must be given about the alleged contravention or a similar contravention (section 205XA and subsection 205Y(4)). The decision to issue a formal warning, and/or an infringement notice, must be made by the Chair or member of staff of the ACMA appointed by the ACMA under section 205ZE (authorised infringement notice officer).

    13.4 Payment of the penalty within 28 days after the notice is given, or a longer period agreed to by the ACMA (paragraph 205Z(d)), prevents the ACMA from commencing proceedings for the imposition of a civil penalty for the alleged contravention. On payment, the liability of the person for that alleged contravention is discharged.

    13.5  In the event that payment is not made within 28 days after the notice is given, or the longer period agreed to by the ACMA, the ACMA may take action, including commencing proceedings for the imposition of a civil penalty.

    13.6   In giving the formal warning, the ACMA puts the recipient formally on notice about the ACMA's view of the alleged conduct.

    13.7  Whether it is necessary to proceed beyond the formal warning stage will turn on the facts. For example, the recipient may provide information about the conduct or other information may come to light which alters the ACMA's understanding of the issues.

   Content of an infringement notice

    13.8  An infringement notice issued by the ACMA under the BSA will, among other things:
               state the date on which the notice is issued

               set out brief details of the alleged contravention

               set out the amount of the penalty imposed and an explanation as to how the penalty was calculated

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

               state that the person to whom a notice is given has the right to request an extension of time to pay

               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

               state that the person to whom a notice is given has the right to apply to the ACMA to have the notice withdrawn

               explain that the ACMA may withdraw the infringement notice within 28