Document ID: chunk:federal_register_of_legislation:F2022L00250:body:0:p3
Version: federal_register_of_legislation:F2022L00250
Segment Type: other
Provision Reference: 
Character Range: 5968–8958

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 to court proceedings. An authorised infringement notice officer may, if they have reasonable grounds to believe that a person has contravened a particular civil penalty provision in the Telecommunications Act, TCPSS Act or the TIA Act, give the person an infringement notice relating to the contravention(s). However, in the case of certain civil penalty provisions, namely sections 68 and 101 of the Telecommunications Act, an infringement notice may only be given in respect of certain kinds of contraventions of those provisions (see subsections 572E(5) and (6 ) of the Telecommunications Act and the  instrument listing infringement notice provisions which is made for the purposes of subsection 572E(7) of the Telecommunications Act[1]).

    9.2 There is no obligation on the ACMA to give an infringement notice (section 572K of the Telecommunications Act) in relation to an alleged contravention. There are a range of factors which the ACMA may consider in determining whether an infringement notice should be given (see section 8 of these Guidelines). Examples of matters where an infringement notice may not be appropriate may include where:
         (a)                the ACMA has previously taken action against the relevant person or entity for similar contraventions;

         (b)                the contraventions have occurred over an extended period of time;

         (c)                the person or entity has, as a consequence of the contraventions, obtained a financial or other advantage, to the detriment of others;

         (d)                the conduct should more properly be the subject of other compliance or enforcement action by the ACMA because, for example, it is not serious enough to warrant the issue of an infringement notice or because it is too serious to be adequately dealt with by an infringement notice.

    In each case all the relevant facts and circumstances will be taken into account in determining whether an infringement notice should be given.

    9.3  The decision to give an infringement notice must be made by the Chair of the ACMA or a member of the staff of the ACMA appointed by the ACMA as an authorised infringement notice officer under section 572L of the Telecommunications Act.

    9.4  An infringement notice must be given within 12 months after the day on which the contravention is alleged to have taken place (subsection 572E(2) of the Telecommunications Act).

    9.5 Payment of the penalty in accordance with the infringement notice, or within such other period agreed to by the ACMA, prevents the ACMA from commencing proceedings under Part 31 of the Telecommunications Act for the imposition of a civil