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Determinations/Communications as made
This Determination specifies the number of penalty units that apply to certain kinds of contraventions by a body corporate of sections 68 and 101 of the Telecommunications Act 1997 in relation to which an authorised infringement notice officer of the Australian Communications and Media Authority may issue an infringement notice.
Administered by: Communications and the Arts
Registered 10 Feb 2012
Tabling HistoryDate
Tabled HR13-Feb-2012
Tabled Senate27-Feb-2012

Commonwealth of Australia

 

Telecommunications Act 1997
 

Telecommunications (Infringement Notice Penalties) Determination 2012

 

I, STEPHEN michael CONROY, Minister for Broadband, Communications and the Digital Economy, make the following Determination under subsection 572G(2) of the Telecommunications Act 1997.

Dated 6 February 2012

STEPHEN CONROY

Minister for Broadband, Communications and the Digital Economy _________________________________________________________________

 

1          Name of Determination

This Determination is the Telecommunications (Infringement Notice Penalties) Determination 2012.

2          Commencement

This Determination commences on the day after it is registered on the Federal Register of Legislative Instruments.

3          Interpretation

In this Determination, unless the contrary intention appears:

Act means the Telecommunications Act 1997.

Consumer Protection Act means the Telecommunications (Consumer Protection and Service Standards) Act 1999.

CSG Retail Benchmarks Instrument means the Telecommunications (Customer Service Guarantee – Retail Performance Benchmarks) Instrument (No. 1) 2011, as in force from time to time.

MPS Determination No. 1 means the Telecommunications Service Provider (Mobile Premium Services) Determination 2010 (No. 1), as in force from time to time.

MPS Determination No. 2 means the Telecommunications Service Provider (Mobile Premium Services) Determination 2010 (No. 2), as in force from time to time.

Payphone Benchmarks Instrument means the Telecommunications Universal Service Obligation (Payphone Performance Benchmarks) Instrument (No. 1) 2011, as in force from time to time.

4          Contraventions and related penalties (section 68)

For the purposes of paragraph 572G(1)(a) of the Act, for each kind of contravention of section 68 of the Act set out at an item in column 1 of the table at Schedule 1 to this Determination, the associated number of penalty units for that item in column 2 of that table is specified.

5          Contraventions and related penalties (section 101)

For the purposes of paragraph 572G(1)(a) of the Act, for each kind of contravention of section 101 of the Act set out at an item in column 1 of the table at Schedule 2 to this Determination, the associated number of penalty units for that item in column 2 of that table is specified.


Schedule 1           Contraventions and penalties (section 68)

(section 4)

Item

Column 1

Column 2

Kind of contravention of section 68 of the Act

Number of penalty units

 

          1           

A contravention that consists of a breach of the carrier licence condition set out in Part 1 of Schedule 1 to the Act in so far as that condition relates to subsection 12EE(9) of the Consumer Protection Act and the failure of a primary universal service provider to meet a minimum benchmark by less than 2 percentage points

Note: The relevant minimum benchmarks are set out in Part 3 of the Payphone Benchmarks Instrument.

3 000

 

          2           

A contravention that consists of a breach of the carrier licence condition set out in Part 1 of Schedule 1 to the Act in so far as that condition relates to subsection 12EE(9) of the Consumer Protection Act and the failure of a primary universal service provider to meet a minimum benchmark by 2 percentage points or more but less than 5 percentage points

Note: The relevant minimum benchmarks are set out in Part 3 of the Payphone Benchmarks Instrument.

6 000

 

          3           

A contravention that consists of a breach of the carrier licence condition set out in Part 1 of Schedule 1 to the Act in so far as that condition relates to subsection 12EE(9) of the Consumer Protection Act and the failure of a primary universal service provider to meet a minimum benchmark by 5 percentage points or more

Note: The relevant minimum benchmarks are set out in Part 3 of the Payphone Benchmarks Instrument.

9 000

 

          4           

A contravention that consists of a breach of the carrier licence condition set out in Part 1 of Schedule 1 to the Act in so far as that condition relates to subsection 12EF(2) of the Consumer Protection Act

600

 

          5           

A contravention that consists of a breach of the carrier licence condition set out in Part 1 of Schedule 1 to the Act in so far as that condition relates to subsection 12EI(6) of the Consumer Protection Act

900

 


Schedule 2           Contraventions and penalties (section 101)

(section 5)

Item

Column 1

Column 2

The kind of contravention of section 101 of the Act

Number of penalty units

 

           1           

A contravention that consists of a breach of the service provider rule set out in Part 1 of Schedule 2 to the Act in so far as that rule relates to subsection 12EE(9) of the Consumer Protection Act and the failure of a primary universal service provider to meet a minimum benchmark by less than 2 percentage points

Note: The relevant minimum benchmarks are set out in Part 3 of the Payphone Benchmarks Instrument.

3 000

 

           2           

A contravention that consists of a breach of the service provider rule set out in Part 1 of Schedule 2 to the Act in so far as that rule relates to subsection 12EE(9) of the Consumer Protection Act and the failure of a primary universal service provider to meet a minimum benchmark by 2 percentage points or more but less than 5 percentage points

Note: The relevant minimum benchmarks are set out in Part 3 of the Payphone Benchmarks Instrument.

6 000

 

           3           

A contravention that consists of a breach of the service provider rule set out in Part 1 of Schedule 2 to the Act in so far as that rule relates to subsection 12EE(9) of the Consumer Protection Act and the failure of a primary universal service provider to meet a minimum benchmark by 5 percentage points or more

Note: The relevant minimum benchmarks are set out in Part 3 of the Payphone Benchmarks Instrument.

9 000

 

           4           

A contravention that consists of a breach of the service provider rule set out in Part 1 of Schedule 2 to the Act in so far as that rule relates to subsection 12EF(2) of the Consumer Protection Act

600

 

           5           

A contravention that consists of a breach of the service provider rule set out in Part 1 of Schedule 2 to the Act in so far as that rule relates to subsection 12EI(6) of the Consumer Protection Act

900

 

           6           

A contravention that consists of a breach of the service provider rule set out in Part 1 of Schedule 2 to the Act in so far as that rule relates to subsection 117C(2) of the Consumer Protection Act and the failure of a carriage service provider to meet a minimum benchmark by less than 2 percentage points

Note: The relevant minimum benchmarks are set out in Part 2 of the CSG Retail Benchmarks Instrument.

3 000

 

           7           

A contravention that consists of a breach of the service provider rule set out in Part 1 of Schedule 2 to the Act in so far as that rule relates to subsection 117C(2) of the Consumer Protection Act and the failure of a carriage service provider to meet a minimum benchmark by 2 percentage points or more but less than 5 percentage points

Note: The relevant minimum benchmarks are set out in Part 2 of the CSG Retail Benchmarks Instrument.

6 000

 

           8           

A contravention that consists of a breach of the service provider rule set out in Part 1 of Schedule 2 to the Act in so far as that rule relates to subsection 117C(2) of the Consumer Protection Act and the failure of a carriage service provider to meet a minimum benchmark by 5 percentage points or more

Note: The relevant minimum benchmarks are set out in Part 2 of the CSG Retail Benchmarks Instrument.

9 000

           9           

A contravention of section 6 of MPS Determination No. 1

300

         10         

A contravention of subsection 13(3) of the MPS Determination No. 1

300

         11         

A contravention of subsection 2.1(1) of the MPS Determination No. 2

200

         12         

A contravention of subsection 2.1(2) of the MPS Determination No. 2

200

         13         

A contravention of section 3.8 of the MPS Determination No. 2

300

         14         

A contravention of section 3.13 of the MPS Determination No. 2

300