Document ID: chunk:federal_register_of_legislation:F2024L01068:body:0:p2
Version: federal_register_of_legislation:F2024L01068
Segment Type: other
Provision Reference: 
Character Range: 3064–6354

of the Telecommunications Act states that the main object of the Telecommunications Act, when read together with Parts XIB and XIC of the Competition and Consumer Act 2010, is to provide a regulatory framework that promotes:

        1.     the long-term interests of end-users of carriage services or of services provided by means of carriage services;

        2.     the efficiency and international competitiveness of the Australian telecommunications industry; and

        3.     the availability of accessible and affordable carriage services that enhance the welfare of Australians.

          1.    These guidelines are made under subsection 572M(5) of the Telecommunications Act which provides that the ACCC may formulate guidelines for the purpose of the exercise of infringement notice powers by authorised infringement notice officers under Part 31B of the Telecommunications Act. These are the guidelines in force for the purposes of subsections 572M(4) and (6) of the Telecommunications Act.

          2.    The guidelines set out the discretionary matters which an authorised infringement notice officer would generally consider in the exercise of their powers conferred under Part 31B of the Telecommunications Act. The guidelines also set out the process for payment of an infringement notice penalty and the effect of such payment.

          3.    The guidelines take into account the objects of the Telecommunications Act.

          4.    While the guidelines provide general guidance to industry in relation to the ACCC's approach to exercising its infringement notice powers, the ACCC will determine the most appropriate outcome on a case-by-case basis, taking into consideration the alleged contravention, the business or the individual involved and the impact of the conduct.

   1.         Infringement notice provisions in the Telecommunications Act
         1.    Infringement notices are designed to provide a timely and cost-efficient enforcement outcome in relation to relatively minor alleged contraventions of the civil penalty provisions in the Telecommunications Act, without the need for litigation.

         2.    Under the Telecommunications Act, an authorised infringement notice officer has the power to give an infringement notice in respect of contraventions of certain civil penalty provisions.

         3.    An authorised infringement notice officer may give an infringement notice if they have reasonable grounds to believe that a person has contravened one of the following civil penalty provisions in Part 8 of the Telecommunications Act:

          1.     the wholesale-only requirements and ancillary conduct in subsections 142C(2) and (4) and 143(2) and (5);

          2.     the requirement to comply with conditions and limitations of determinations under subsection 143A(1) or (2) (class exemptions) and ancillary conduct under subsections 143B(1) and (2);

          3.     the requirement to comply with functional 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