Document ID: chunk:federal_register_of_legislation:F2021L01123:reg:4:p12
Version: federal_register_of_legislation:F2021L01123
Segment Type: reg
Provision Reference: reg 4 (pt 12/12)
Character Range: 29955–32347

review of the evidence to determine whether, in the light of the Prosecution Policy of the Commonwealth, it is appropriate to commence a prosecution.

    15.2  In referring a matter to the CDPP, the ACMA will act in compliance with any administrative arrangements which may be agreed between the CDPP and the ACMA.

    15.3 The decision to refer a matter to the CDPP must be made by the Authority (see paragraph 53(2)(l) of the ACMA Act).

    Publication

    15.4  The ACMA will not publicise referral of a matter to the CDPP.

    15.5  The ACMA's general approach is that it will publicise the laying of charges and the outcome of any prosecution undertaken by the CDPP, including the withdrawal of charges, acquittal, successful prosecution and the outcome of an appeal (if any). See clauses 8 and 16.

16 Form of publicity and public comment

    16.1  The ACMA will report and comment on enforcement action in a manner that is factually accurate, fair and balanced and seeks to inform in a way that serves to promote compliance and enhance public confidence in the regulation of communications and media.

    16.2 The form of publicity and public comment made by the ACMA about enforcement actions and outcomes may include:

         >        media releases and briefings
         >        inclusion of the matter in a register on the ACMA website including links to the formal document incorporating any administrative outcome (such as a remedial direction, enforceable undertaking or infringement notice)
         >        publication of reports, updates and guides on the ACMA website
         >        social media posts
         >        public presentations and speeches.

    16.3 The ACMA is also accountable to the Commonwealth Parliament through parliamentary committees. The ACMA may be obliged, or it may otherwise be appropriate, to answer questions or provide information to parliamentary committees in relation to the ACMA's activities, including enforcement actions and outcomes. Where the ACMA does so, these disclosures will form part of the public record.
[1] The ACMA may also accept an enforceable undertaking under section 61AS of the BSA. The range of discretionary factors that the ACMA may consider when accepting and enforcing a section 205W enforceable undertaking will also generally apply to the acceptance and enforcement of a section 61AS undertaking.