Document ID: chunk:federal_register_of_legislation:F2024L01068:body:0:p4
Version: federal_register_of_legislation:F2024L01068
Segment Type: other
Provision Reference: 
Character Range: 8959–12251

to give an infringement notice in respect of an alleged contravention include where:

          1.     the alleged contravening conduct is relatively minor or less serious;

          2.     there have been isolated or non-systemic instances of non-compliance;

          3.     there have been lower levels of harm or detriment;

          4.     the facts are not in dispute or where the authorised infringement notice officer considers the circumstances giving rise to the allegations are not controversial; and

          5.     infringement notices form part of a broader telecommunications industry compliance and enforcement program following ACCC concerns about industry wide conduct.

          1.    Examples of circumstances where an authorised infringement notice officer may be less likely to give an infringement notice, and other forms of enforcement action may instead be considered appropriate, in respect of an alleged contravention include where:

          1.     the alleged conduct is more serious in nature and warrants consideration by the court;

          2.     there has been significant harm or detriment arising from the alleged conduct;

          3.     a person has obtained a significant financial or other advantage from the alleged conduct;

          4.     multiple alleged contraventions have occurred and/or where the alleged contraventions occurred over an extended period of time;

          5.     there are concerns that the alleged conduct may be continuing;

          6.      there are questions about whether the alleged conduct occurred within the 12-month period in which an authorised infringement notice officer may give an infringement notice;

          7.     the matter raises complex questions about the interpretation of a provision of Part 8 of the Telecommunications Act; and

          8.     the ACCC has previously taken action against the person involved in the alleged contravention – particularly when recent or very similar.

          1.    In each case, all the relevant facts and circumstances will be taken into account in determining whether an infringement notice should be given.

          2.    An authorised infringement notice officer may give multiple infringement notices, each relating to a separate alleged contravention, where they consider it appropriate to do so, taking into account all of the circumstances. In deciding whether to give more than one infringement notice, the authorised infringement notice officer will take into account a range of considerations including whether:

          1.     the authorised infringement notice officer believes that there have been systemic instances of non-compliance;

          2.     the alleged contraventions have occurred in a number of states or territories; and

          3.     there are circumstances which make it desirable to give multiple notices to deter similar conduct by the specific business or individual involved or the broader industry.

 1.         Form and Process for Infringement Notices

  Content of an infringement notice
     1.    An infringement notice given by an authorised infringement notice officer under Part 31B of the Telecommunications Act will, among other things:

          1.     state the name of the person to whom