Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) If an authorised infringement notice officer has reasonable grounds to believe that a person has contravened a particular civil penalty provision, the authorised infringement notice officer may give to the person an infringement notice relating to the contravention.
Note: See also section 572M (guidelines).
Time limit
(2) An infringement notice must be given within 12 months after the day on which the contravention is alleged to have taken place.
Carrier licence conditions and service provider rules
(3) If a person's conduct constitutes a contravention of:
(b) one or more other civil penalty provisions;
an infringement notice must not be given to the person in relation to the contravention of section 68 or 101, as the case may be.
(4) If:
(a) a person's conduct constitutes a contravention of section 68 or 101; and
(b) the contravention consists of a breach of:
(i) the carrier licence condition set out in Part 1 of Schedule 1 in so far as that condition relates to section 369; or
(ia) the carrier licence condition set out in Part 1 of Schedule 1 in so far as that condition relates to section 577AD, 577CD or 577ED; or
(ii) a carrier licence condition set out in Part 3, 4 or 5 of Schedule 1; or
(iii) a carrier licence condition set out in Part 9 of Schedule 1; or
(iv) the carrier licence condition set out in clause 84 of Schedule 1; or
(v) the service provider rule set out in Part 1 of Schedule 2 in so far as that rule relates to section 369; or
(vi) the carrier licence condition set out in section 152AZ of the Competition and Consumer Act 2010 ; or
(vii) the service provider rule set out in subsection 152BA(2) of the Competition and Consumer Act 2010 ; or
(viii) the carrier licence condition set out in section 152BCO of the Competition and Consumer Act 2010 ; or
(ix) the service provider rule set out in subsection 152BCP(2) of the Competition and Consumer Act 2010 ; or
(x) the carrier licence condition set out in section 152BDF of the Competition and Consumer Act 2010 ; or
(xi) the service provider rule set out in subsection 152BDG(2) of the Competition and Consumer Act 2010 ; or
(xii) the carrier licence condition set out in section 152BEC of the Competition and Consumer Act 2010 ; or
(xiii) the service provider rule set out in subsection 152BED(2) of the Competition and Consumer Act 2010 ; or
(xiv) the carrier licence condition set out in section 152CJC of the Competition and Consumer Act 2010 ; or
(xv) the service provider rule set out in subsection 152CJD(2) of the Competition and Consumer Act 2010 ; or
(xvi) the carrier licence condition set out in section 37 of the National Broadband Network Companies Act 2011 ; or
(xvii) the service provider rule set out in subsection 38(2) of the National Broadband Network Companies Act 2011 ; or
(xviii) a carrier licence condition covered by section 41 of the National Broadband Network Companies Act 2011 ;
an infringement notice must not be given to the person in relation to the contravention of section 68 or 101, as the case may be.
(5) If:
(a) a person's conduct constitutes a contravention of section 68 or 101; and
(b) the contravention consists of a breach of:
(i) a carrier licence condition set out in a provision of this Act other than Part 1 of Schedule 1; or
(ii) a carrier licence condition set out in a provision of a declaration in force under section 63; or
(iii) a service provider rule set out in a provision of this Act other than Part 1 of Schedule 2; or
(iv) a service provider rule set out in a provision of a determination in force under section 99;
an infringement notice must not be given to the person in relation to the contravention of section 68 or 101, as the case may be, unless the provision mentioned in subparagraph (b)(i), (ii), (iii) or (iv), as the case may be:
(c) is a listed infringement notice provision; and
(d) has been a listed infringement notice provision for at least 3 months before the day on which the contravention is alleged to have taken place.
Note: For listed infringement notice provision , see subsection (7).
(6) If:
(a) a person's conduct constitutes a contravention of section 68 or 101; and
(b) the contravention consists of a breach of:
(i) the carrier licence condition set out in Part 1 of Schedule 1; or
(ii) the service provider rule set out in Part 1 of Schedule 2; and
(c) the contravention consists of a breach of another provision of this Act (other than section 142C, 143, 143B, 151ZA, 151ZB, 151ZD, 151ZF, 151ZG, 151ZH or 151ZI);
an infringement notice must not be given to the person in relation to the contravention of section 68 or 101, as the case may be, unless:
(d) the other provision is a listed infringement notice provision; and
(e) the other provision has been a listed infringement notice provision for at least 3 months before the day on which the contravention is alleged to have taken place.
Note: For listed infringement notice provision , see subsection (7).
Listed infringement notice provision
(7) The ACMA may, by legislative instrument, declare that:
(a) a specified provision of this Act; or
(b) a specified provision of a declaration in force under section 63; or
(c) a specified provision of a determination in force under section 99;
is a listed infringement notice provision for the purposes of this section.
Consultation
(8) Before making or varying a declaration under subsection (7), the ACMA must:
(a) cause to be published on the ACMA's website a notice:
(i) setting out the draft declaration or variation; and
(ii) inviting persons to make submissions to the ACMA about the draft declaration or variation within 14 days after the notice is published; and
(b) consider any submissions received within the 14 - day period mentioned in paragraph (a).
(9) In this section:
"this Act" includes:
(a) the Telecommunications (Consumer Protection and Service Standards) Act 1999 and regulations under that Act; and
(b) Chapter 5 of the Telecommunications (Interception and Access) Act 1979.