Document ID: chunk:federal_register_of_legislation:F2024L01068:body:0:p7
Version: federal_register_of_legislation:F2024L01068
Segment Type: other
Provision Reference: 
Character Range: 17425–20457

penalty proceedings with respect to the alleged contravention or contraventions that were the subject of the infringement notice(s).

   1.    Effect of an infringement notice
  Effect of payment of an infringement notice
     1.          If the penalty is paid in full to the ACCC within the compliance period in the infringement notice, and the infringement notice is not withdrawn, the ACCC may not bring proceedings under Part 31 against the person for the imposition of a civil penalty for that alleged contravention. In addition, any liability of the person for the alleged contravention which is the subject of the infringement notice is discharged.

  Effect of non-payment of an infringement notice
     1.          There is no legal obligation on a recipient to pay an infringement notice.

     2.          Infringement notices are a way of resolving the ACCC's concerns and avoiding legal proceedings seeking imposition of a civil penalty under the Telecommunications Act in respect of the conduct which is the subject of the infringement notice. Recipients benefit by having the option of paying the infringement notice penalty as a way of resolving the ACCC's concerns.

     3.          In the event that payment is not made in accordance with the infringement notice, the ACCC may take action, including commencing proceedings for the imposition of a pecuniary penalty under Part 31 of the Telecommunications Act.

     4.          Infringement notice penalties are lower than the maximum penalty a court could impose should the recipient be found to have contravened a particular civil penalty provision in section 68, section 101 or Part 8 of the Telecommunications Act.

Publication

     1.          The ACCC's approach is that it will not ordinarily publicise the mere fact a person has been given an infringement notice under Part 31B of the Telecommunications Act. It will also generally not publicise that a person did not pay the penalty specified in the infringement notice.

     2.          In accordance with the principle of transparency, every ACCC enforcement matter that is dealt with through litigation or formal resolution is made public.

     3.          In accordance with this principle, the ACCC will publicise when a person has paid a penalty specified in an infringement notice given by an authorised infringement notice officer under Part 31 of the Telecommunications Act. The ACCC will maintain a register on its website listing paid infringement notices. Entries on the register will ordinarily contain the following details:

          1.     the person who paid the notice;

          2.     the infringement notice number;

          3.     the date paid; and

          4.     section of the relevant legislation.

          1.          The ACCC considers that publishing information about the payment of infringement notices provides for a broader educative and deterrent effect. For this reason, the ACCC is also likely to issue a media release describing the alleged matters and