Document ID: chunk:federal_register_of_legislation:F2024L01068:body:0:p3
Version: federal_register_of_legislation:F2024L01068
Segment Type: other
Provision Reference: 
Character Range: 6042–9266

separation undertakings (standard, joint, or deemed) and ancillary conduct in subsections 151ZD(1) and (2);

          4.     the non-discrimination obligations and ancillary conduct in subsections 151ZF(1), (4) and (5) and 151ZG(2), (3) and (4);

          5.     reporting obligations following the giving of a revocation notice in relation to a standard or joint functional separation undertaking and ancillary conduct in subsections 151ZA(3) and (4);

          6.      the requirement to notify changes in control of a person who gave an undertaking and ancillary conduct in subsections 151ZB(1), (3) and (5);

          7.     the requirements to publish offers and a statement of differences between an access agreement (including variations) and the offer, and ancillary conduct in subsections 151ZH (1), (2), (2A) and (3); and
          8.     the prohibition on anti-avoidance schemes and ancillary conduct in subsections 151ZI(1) and (2).

          1.    In some circumstances, an authorised infringement notice officer may also give an infringement notice if they have reasonable grounds to believe that a person has contravened section 68 (compliance with carrier licence conditions) or section 101 (compliance with service provider rules) insofar as the condition/rule relates to the civil penalty provisions in sections 142C, 143, 143B, 151ZA, 151ZB, 151ZD, 151ZF, 151ZG, 151ZH or 151ZI of the Telecommunications Act.

          2.    An infringement notice must be given within 12 months after the day on which the contravention is alleged to have taken place.

   1.         The ACCC's approach to the use of infringement notices
         1.    Generally speaking, an authorised infringement notice officer will only consider issuing an infringement notice where the ACCC is likely to seek a court-based resolution should the recipient of the notice choose not to pay. Before an authorised infringement notice officer gives an infringement notice, the ACCC will have turned its mind to the prospect of non-compliance and be prepared to proceed to court as a likely alternative.

         2.     There are a range of factors which an authorised infringement notice officer may consider in determining whether an infringement notice should be given. These will include the objects underpinning the Telecommunications Act. The authorised infringement notice officer may also consider:

          1.     the nature, circumstances and seriousness of the conduct;

          2.     the duration of the conduct and whether it is ongoing;

          3.     the impact of the conduct, and whether it has caused significant harm or detriment;

          4.     the corporate culture of compliance of the person; and

          5.     the need for specific and general education and/or deterrence.

          1.    Examples of circumstances where an authorised infringement notice officer may be more likely 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