Document ID: chunk:federal_register_of_legislation:F2021L01123:reg:4:p11
Version: federal_register_of_legislation:F2021L01123
Segment Type: reg
Provision Reference: reg 4 (pt 11/12)
Character Range: 27253–30191

relevant infringement notice provision.

    13.14 Requests for withdrawal should therefore be directed to the officer specified in the notice, in the first instance.

Effect of withdrawal of an infringement notice

    13.15 If the infringement notice is withdrawn after payment of the penalty, the penalty paid will be refunded.

    13.16 If an infringement notice is withdrawn, the ACMA will consider whether further action is appropriate. That action may include the institution of civil penalty proceedings for the alleged contravention/s, the subject of the infringement notice (section 205ZD(b)(ii)). What further action is appropriate, if any, will turn on the facts of the case.

    Publication

    13.17 The ACMA's general approach to publication of infringement notices given under the BSA is:
               it will not publicise the giving of the infringement notice to an identified person
               it will not publicise that an identified person did not pay the penalty specified in the infringement notice
               it will publicise payment by an identified person of the penalty specified in the infringement notice.

    13.18 The ACMA may also publish information from time to time concerning the issue of, and compliance with, infringement notices issued under the BSA aggregated, without identification of the recipients of the notices. See clauses 8 and 16.

14 Institution of civil proceedings

    14.1 Under the BSA, the ACMA is conferred a discretion to institute civil proceedings in certain instances. Not all matters where civil proceedings may be commenced will be litigated. There is a range of factors which the ACMA may consider in determining whether the institution of civil proceedings is an appropriate enforcement response (see clause 9).

    14.2 The ACMA is bound to comply with the Commonwealth's model litigant rules when contemplating or conducting litigation.

    14.3 The decision to commence civil litigation is made in the light of the facts of the matter.

    Publication

    14.4 The ACMA's general approach is that it will publicise the institution of civil proceedings when those proceedings have been filed. Once filed, the ACMA will generally make no further public comment about the subject matter of the litigation until the proceedings have concluded.14.5              The ACMA will generally publish the outcome of civil proceedings including appeals (if any). See clauses 8 and 16.

15 Referral of matters to the CDPP

    15.1 Offences are prosecuted by the CDPP. Not all matters involving an alleged offence will be referred to the CDPP by the ACMA. On referral of a matter by the ACMA, the CDPP conducts an independent 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