Remaking the Telecommunications (Listed Infringement Notice Provisions) Declaration 2011 - consultation 47/2021

We are consulting on a proposal to remake the Telecommunications (Listed Infringement Notice Provisions) Declaration 2011 (the Declaration), as it is due to sunset on 1 April 2022.

The infringement notice scheme was a key part of the reforms enabled under the Telecommunications Legislation Amendment (Competition and Consumer Safeguards) Act 2010. They were intended to improve the ACMA’s regulatory effectiveness by establishing a scheme under which authorised ACMA officers may issue an infringement notice for contraventions of civil penalty provisions under the Telecommunications Act 1997, the Telecommunications (Consumer Protection and Service Standards) Act 1999 and the Telecommunications (Interception and Access) Act 1979.

We have formed the preliminary view that this instrument is operating effectively and efficiently and, as such, continues to form a necessary and useful part of the legislative framework.

We propose to remake the instrument with the changes described in the consultation paper.

We welcome comments from interested stakeholders on any of the issues raised in the consultation paper. We specifically invite comments on:

1. Is the current Declaration operating effectively and efficiently?
2. Should the Declaration be remade and amended as proposed?
3. Are there any other changes that should be made to the Declaration?