Commonwealth Consolidated Acts

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TELECOMMUNICATIONS ACT 1997 - SECT 572F

Matters to be included in an infringement notice

  (1)   An infringement notice must:

  (a)   set out the name of the person to whom the notice is given; and

  (b)   set out the name of the authorised infringement notice officer who gave the notice; and

  (c)   set out brief details of the alleged contravention; and

  (ca)   if the alleged contravention consists of a breach of:

  (i)   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

  (ii)   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

  (iii)   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:

  (iv)   28 days after the notice is given; or

  (v)   if the ACCC allows a longer period--that longer period; and

  (d)   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:

  (i)   28 days after the notice is given; or

  (ii)   if the ACMA allows a longer period--that longer period; and

  (e)   give an explanation of how payment of the penalty is to be made; and

  (f)   set out such other matters (if any) as are specified by the regulations.

Note:   For the amount of penalty, see section   572G.

  (2)   For the purposes of paragraph   (1)(c), the brief details must include the following information in relation to the alleged contravention:

  (a)   the date of the alleged contravention;

  (b)   the civil penalty provision that was allegedly contravened.


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