Matters to be included in an infringement notice
572F Matters to be included in an infringement notice
An infringement notice must:
set out the name of the person to whom the notice is given; and
set out the name of the authorised infringement notice officer who gave the notice; and
set out brief details of the alleged contravention; and
if the alleged contravention consists of a breach of:
section 68, to the extent to which that section relates to the carrier licence condition set out in Part 1 of Schedule 1 in so far as that condition relates to section 142C, 143, 143B, 151ZA, 151ZB, 151ZD, 151ZF, 151ZG, 151ZH or 151ZI; or
section 101, to the extent to which that section relates to the service provider rule set out in Part 1 of Schedule 2 in so far as that rule relates to section 142C, 143, 143B, 151ZA, 151ZB, 151ZD, 151ZF, 151ZG, 151ZH or 151ZI; or
section 142C, 143, 143B, 151ZA, 151ZB, 151ZD, 151ZF, 151ZG, 151ZH or 151ZI;
contain a statement to the effect that the matter will not be dealt with by the Federal Court if the penalty specified in the notice is paid to the ACCC, on behalf of the Commonwealth, within:
28 days after the notice is given; or
if the ACCC allows a longer period—that longer period; and
if paragraph (ca) does not apply—contain a statement to the effect that the matter will not be dealt with by the Federal Court if the penalty specified in the notice is paid to the ACMA, on behalf of the Commonwealth, within:
28 days after the notice is given; or
if the ACMA allows a longer period—that longer period; and
give an explanation of how payment of the penalty is to be made; and
set out such other matters (if any) as are specified by the regulations.
For the amount of penalty, see section 572G.
For the purposes of paragraph (1)(c), the brief details must include the following information in relation to the alleged contravention:
the date of the alleged contravention;
the civil penalty provision that was allegedly contravened.
This provision refers to the regulations (specified by the regulations
). Made under this Act:
- Submarine Cable (Perth Protection Zone) Declaration 2007 · Legislative Instrument · under cl 4(1) of sch 3A
- Telecommunications (Analogue Interworking and Non-interference Requirements for Customer Equipment for Connection to a Switched Telephone Network – AS/CA S002) Technical Standard 2025 · Legislative Instrument · under s 376(1)
- Telecommunications (Approving Body) Determination 2017 · Legislative Instrument · under s 410(1)
22 more instruments made under this Act are listed on the Act’s overview.
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