Document ID: chunk:federal_register_of_legislation:F2022L00250:body:0:p6
Version: federal_register_of_legislation:F2022L00250
Segment Type: other
Provision Reference: 
Character Range: 14019–16003

that were the subject of the infringement notice (subparagraph 572K(b)(iii) of the Telecommunications Act). What further action is appropriate, if any, will turn on the facts of the case.

    Publication

    9.16 The ACMA's general approach to publication of infringement notices given under Part 31B of the Telecommunications Act is:
         (a)                it will not publicise the giving of the infringement notice to an identified person;
         (b)               it will not publicise that an identified person did not pay the penalty specified in the infringement notice;
         (c)                it will publicise an outcome where a person has paid the penalty specified in an infringement notice given by the ACMA[2].

    9.17  In the ACMA's view, publication of the fact that an identified person has paid the penalty specified in an infringement notice may have an educative and deterrent effect.
    9.18 In determining whether publication should occur, the ACMA considers a range of factors including:

         (a)                the seriousness and significance of the contravention;
         (b)                whether the conduct resulting in the infringement notice raised novel issues;
         (c)                whether the conduct resulting in the infringement notice has identified systematic or industry-wide issues.
    9.19 The ACMA may also publish aggregated information from time to time concerning the giving of, and compliance with, infringement notices given under Part 31B of the Telecommunications Act, without identification of the recipients of the notices.
[1] As at the date these guidelines were made that instrument made for the purposes of subsection 572E(7) of the Telecommunications Act was the Telecommunications (Listed Infringement Notice Provisions) Declaration 2011.
[2] See also the ACMA Regulatory guide – No.6 – Publication of investigations and enforcement actions available at: https://www.acma.gov.au/regulatory-guides