{"id":"F2022L01741","name":"Telecommunications (Infringement Notice Penalties) Determination 2022","slug":"telecommunications-infringement-notice-penalties-determination-2022","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":441684,"registerId":"F2022L01741-fast-fetch-1775956929866","compilationNumber":null,"startDate":"2026-04-12","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Telecommunications (Infringement Notice Penalties) Determination 2022","content":"---\nmeta-content-style-type: text/css\nmeta-content-type: application/xhtml+xml; charset=utf-8\nmeta-generator: Aspose.Words for .NET 22.10.0\n---\n\n?xml version=\"1.0\" encoding=\"utf-8\" standalone=\"no\"?>\n\n![Commonwealth Coat of Arms of Australia](image.001.jpeg)\n\n \n\nTelecommunications (Infringement Notice Penalties) Determination 2022\n\nI, Michelle Rowland, Minister for Communications, make the following determination.\n\nDated 21 December 2022   \n\nMichelle Rowland\n\nMinister for Communications\n\n \n\n \n\n \n\nContents\n\n1  Name\n\n2  Commencement\n\n3  Authority\n\n4  Definitions\n\n5  Schedules\n\n6  Contraventions and related penalties\n\nSchedule 1 — Contraventions and penalties (section 68)\n\nSchedule 2 — Contraventions and penalties (section 101)\n\n \n\n1  Name\n\n  This instrument is the Telecommunications (Infringement Notice Penalties) Determination 2022.\n\n2  Commencement\n\n (1) Each provision of this instrument specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.\n\n \n\n- Commencement information\n- Column 1 Column 2 Column 3\n- Provisions Commencement Date/Details\n- The whole of this instrument. The day after this instrument is registered.\n\n\nNote: This table relates only to the provisions of this instrument as originally made. It will not be amended to deal with any later amendments of this instrument.\n\n (2) Any information in column 3 of the table is not part of this instrument. Information may be inserted in this column, or information in it may be edited, in any published version of this instrument.\n\n3  Authority\n\n  This instrument is made under subsection 572G(2) of the Telecommunications Act 1997.\n\n4  Definitions\n\n  In this instrument:\n\nAct means the Telecommunications Act 1997.\n\nConsumer Protection Act means the Telecommunications (Consumer Protection and Service Standards) Act 1999.\n\nprimary universal service provider has the same meaning as in the Consumer Protection Act.\n\n5  Schedules\n\n  Each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.\n\n6  Contraventions and related penalties \n\n(1)    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 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. \n\n(2)    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 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. \n\n \n\n \n\n \n\n \n\n \n\n \n\n \n\n \n\n \n\n \n\n \n\n \n\n \n\n \n\n \n\n \n\n \n\n \n\n \n\n \n\nSchedule 1 — Contraventions and penalties (section 68)\n\n- Contraventions and penalties under the Act\n- Item Column 1 Column 2\n- Contravention Number of penalty units\n- 1 A contravention that consists of 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. 3 000\n- 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. 6 000\n- 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. 9 000\n- 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\n- 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\n\n\nNote: The relevant minimum benchmarks referred to in items 1 – 3 above are set out in Division 3 of Part 3 of the Telecommunications (Payphones) Determination 2022, as in force from time to time.\n\n \n\n\n\n\nSchedule 2 — Contraventions and penalties (section 101)  \n\n- Contraventions and penalties under the Act\n- Item Column 1 Column 2\n- Contravention Number of penalty units\n- 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. 3 000\n- 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. 6 000\n- 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. 9 000\n- 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\n- 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\n- 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. 3 000\n- 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. 6 000\n- 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. 9 000\n\n\nNote 1: The relevant minimum benchmarks referred to in items 1 – 3 above are set out in Division 3 of Part 3 of the Telecommunications (Payphones) Determination 2022, as in force from time to time.\n\nNote 2: The relevant minimum benchmarks referred to in items 6 – 8 above are set out in Part 2 of the Telecommunications (Customer Service Guarantee – Retail Performance Benchmarks) Instrument (No. 1) 2011, as in force from time to time.\n\n \n\n \n","sortOrder":0}],"analysis":{"flash_summary":{"complexity_score":5,"scope_assessment":{"changed":false,"description":"This Determination does not create new offences or broaden the conduct described as contraventions. Instead, it prescribes the number of penalty units for specified contraventions under sections 68 and 101 of the Telecommunications Act (see section 6 and Schedules 1–2). It therefore changes the penalty amounts applied to existing contraventions but does not alter which conduct is covered; the substantive benchmark definitions remain located in the referenced determinations and instruments."},"complexity_factors":["Multiple cross‑references to other statutes and instruments (Telecommunications Act 1997, Telecommunications (Consumer Protection and Service Standards) Act 1999, Telecommunications (Payphones) Determination 2022, Telecommunications (Customer Service Guarantee – Retail Performance Benchmarks) Instrument (No. 1) 2011).","Graduated penalty tiers tied to quantified shortfalls (under 2 percentage points; 2–<5 percentage points; 5 percentage points or more) in Schedules 1 and 2.","Separate penalty tables for contraventions under section 68 (carrier licence conditions) and section 101 (service provider rules), creating parallel but overlapping regimes.","Dependence on defined terms (for example, 'primary universal service provider') that require reference back to other Acts for full meaning (see section 4).","High nominal penalty‑unit amounts (3,000; 6,000; 9,000) amplify economic consequences and require converting penalty units to dollar amounts under the penalty‑unit regime.","Enforcement mechanism delegated to infringement notices via subsection 572G(2) authority (section 3 and 6), which prescribes penalties but not procedural detail for notice issuance.","Notes in Schedules that fix reliance on minimum benchmarks set out in other instruments, necessitating review of those instruments to determine the substantive breach."],"plain_english_summary":"This Determination assigns specific infringement‑notice penalty amounts (expressed as numbers of penalty units) to particular breaches of the Telecommunications Act. It links failures to meet statutory minimum performance benchmarks to fixed penalty levels, with higher penalties for larger shortfalls.\n\nIt applies to primary universal service providers and carriage/service providers subject to carrier licence conditions or service‑provider rules: firms that miss the benchmark face preset monetary penalties scaled by the percentage‑point shortfall."},"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"The instrument remains tightly focused on its original purpose: specifying penalty amounts for infringement notices under section 572G of the Telecommunications Act 1997. It does not expand beyond setting penalty units for specific contraventions of service standards."},"complexity_factors":["Short instrument (approximately 3 pages of substantive content)","Only 4 defined terms in section 4","Simple tabular structure with direct cross-references to external instruments","No nested conditional logic or exceptions within the instrument itself","Heavy reliance on external legislative references (Telecommunications Act 1997, Consumer Protection Act 1999, and subordinate instruments) which require reading multiple documents to understand full context","Penalty calculations depend on percentage point thresholds that reference benchmarks defined in separate Determinations"],"plain_english_summary":"This Determination sets a pre‑set penalty schedule (in penalty units) for telecommunications companies — primarily the universal service provider (eg. Telstra) and other carriage/service providers — when they breach payphone or customer‑service benchmarks or fail to report/publish required payphone data.  \n\nIt gives the ACMA authority to issue infringement notices with significant on‑the‑spot fines, ensuring immediate financial consequences for poor service that affects everyday and rural Australians."}},"importantCases":[],"_links":{"self":"/api/acts/telecommunications-infringement-notice-penalties-determination-2022","history":"/api/acts/telecommunications-infringement-notice-penalties-determination-2022/history","analysis":"/api/acts/telecommunications-infringement-notice-penalties-determination-2022/analysis","conflicts":"/api/acts/telecommunications-infringement-notice-penalties-determination-2022/conflicts","importantCases":"/api/acts/telecommunications-infringement-notice-penalties-determination-2022/important-cases","documents":"/api/acts/telecommunications-infringement-notice-penalties-determination-2022/documents"}}