Document ID: chunk:federal_register_of_legislation:F2021L01123:reg:4:p3
Version: federal_register_of_legislation:F2021L01123
Segment Type: reg
Provision Reference: reg 4 (pt 3/12)
Character Range: 6078–9125

Authority (see subsection 53(2) of the ACMA Act).

    7.4 The ACMA may, in the exercise of its discretion, accept informal voluntary undertakings given by a regulated entity. An undertaking of this kind may resolve and address the issues of concern to the ACMA and, as a consequence, recourse to formal enforcement powers would not be necessary.

8 Public comment and publication of enforcement action

    8.1 The ACMA is accountable to government and the public for its investigations and enforcement actions arising from those investigations. In the ACMA's view, open communication about the outcomes of its enforcement action:

                 informs and educates members of the regulated community about the standards required by the law

                 serves to deter illegal conduct and encourage compliance by highlighting the consequences of breaking the law

                 helps the regulated community better understand their obligations and to conduct themselves in a way that minimises the need for the ACMA to intervene

                 informs and educates members of the public about their legal rights, what the ACMA is doing to ensure compliance with the law and how they can act to benefit from those rights, and

                 promotes confidence in the law as the law is seen to work in the public interest through enforcement action.

    8.2 In deciding whether to publicise or comment on enforcement action the ACMA is guided by the public interest. There is a range of factors which may be considered by the ACMA in assessing whether publication or comment is or is not in the public interest, including:

                 whether information about the investigation is in the public domain

                 the nature and seriousness of the issues

                 whether disclosure is desirable to address public concerns or protect the public from further harm or loss

                 fairness to the subject(s) of the investigation

                 protection of any private, confidential or sensitive information, and

                 any potential adverse impact public comment may have on enforcement action, including court proceedings.

    8.3 It is the ACMA's view that where it has found a contravention of the law, publication of the enforcement action taken will ordinarily be in the public interest. See subclauses 10.4, 11.10, 12.17 and 12.18, 13.17 and 13.18 (administrative action), 14.4 and 14.5 (civil litigation), 15.4 and 15.5 (criminal prosecution). See too clause 16.

9 Exercising enforcement powers

    9.1 The ACMA recognises that co-regulatory arrangements apply to some industry sectors regulated by the BSA and that these guidelines will operate in that context when those arrangements apply.

    9.2 The ACMA recognises the importance of encouraging and facilitating compliance by all industry participants with statutory obligations. The ACMA's compliance activities may be both proactive and reactive. In undertaking these activities, the ACMA engages with