Document ID: chunk:federal_register_of_legislation:F2022L00250:body:0:p2
Version: federal_register_of_legislation:F2022L00250
Segment Type: other
Provision Reference: 
Character Range: 3010–6278

manner that:

         (a) promotes the greatest practicable use of industry self-regulation;

         (b) does not impose undue financial and administrative burdens on participants in the Australian telecommunications industry;

    but does not compromise the effectiveness of regulation in achieving the objects of the Act which are set out in section 3 of the Act.

    7.3 The ACMA has made these guidelines under subsection 572M(2) of the Telecommunications Act which provides that the ACMA may formulate guidelines for the purposes of the exercise of infringement notice powers under Part 31B of the Telecommunications Act. These are the guidelines in force for the purposes of subsection 572M(3) of the Telecommunications Act.

    7.4 The guidelines highlight the discretionary factors which an authorised infringement notice officer would generally consider in the exercise of their powers conferred under Part 31B of the Telecommunications Act.

    7.5 The guidelines take into account the objects of, and regulatory policy underpinning, the Telecommunications Act (in particular sections 3 and 4 of the Telecommunications Act), the TCPSS Act and the TIA Act.

    7.6 While the guidelines seek to provide guidance to the regulated community, the ACMA retains the discretion to impose or seek remedies and sanctions which it considers appropriate in the light of the particular circumstances of each case.

8 Exercising enforcement powers

    8.1 The ACMA's compliance and enforcement approach is to take action that is commensurate with the seriousness of the conduct. This approach includes consideration of the nature and consequences of the conduct, while seeking to avoid the imposition of undue financial and administrative burdens on the telecommunications industry. There are a range of factors which may be considered by the ACMA in determining the appropriate enforcement response including, but not limited to:

         (a)                whether the conduct was deliberate, reckless or inadvertent;

         (b)                whether the conduct has caused, or may cause, detriment to another person and the nature, seriousness and extent of that detriment;

         (c)                whether the conduct involved indicates systemic issues which may pose ongoing compliance or enforcement issues;

         (d)                whether the regulated entity or person has been the subject of prior compliance or enforcement action and the outcome of that action;

         (e)                the compliance history and culture of the regulated entity;

         (f)                 the specific and general educative and/or deterrent effect of taking action;

         (g)                the seniority and level of experience of the person(s) involved in the conduct;

         (h)                what, if any, action has been taken to remedy and address the consequences of the conduct;

         (i)                 whether the subject of the investigation has co-operated with the ACMA;

         (j)                 whether the issues involved require urgent action or intervention by the ACMA.

9 Infringement notices

    9.1 Infringement notices are designed to provide a timely, cost-efficient enforcement outcome and an alternative