{"id":"F2022L00387","name":"Telecommunications (Listed Infringement Notice Provisions) Declaration 2022","slug":"telecommunications-listed-infringement-notice-provisions-declaration-2022","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":102335,"registerId":"commonwealth-F2022L00387-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"Part 1","sectionType":"section","heading":"Preliminary","content":"#### Part 1 - Preliminary\n\n#### 1 Name\n\n  This is the Telecommunications (Listed Infringement Notice Provisions) Declaration 2022.\n  2 Commencement\n  This instrument commences at the start of the day after the day it is registered on the Federal Register of Legislation.\n  Note: The Federal Register of Legislation may be accessed free of charge at [www.legislation.gov.au](http://www.legislation.gov.au)\n\n#### 3 Authority\n\n  This instrument is made under subsection 572E(7) of the Telecommunications Act 1997.\n  4 Repeal of the Telecommunications (Listed Infringement Notice Provisions) Declaration 2011\n  The Telecommunications (Listed Infringement Notice Provisions) Declaration 2011 (Registration No. F2011L02374) is repealed.\n\n#### 5 References to other instruments\n\n  In this instrument, unless the contrary intention appears:\n    (a) a reference to any other legislative instrument is a reference to that other legislative instrument as in force from time to time; and\n    (b) a reference to any other kind of instrument is a reference to that other instrument as in force from time to time.\n\n> Note 1: For references to Commonwealth Acts, see section 10 of the Acts Interpretation Act 1901; and see also subsection 13(1) of the Legislation Act 2003 for the application of the Acts Interpretation Act 1901 to legislative instruments.\n\n> Note 2: For references to instruments that are not legislative instruments, see subsection 589(2) of the Telecommunications Act 1997.\n\n> Note 2: All Commonwealth Acts and legislative instruments are registered on the Federal Register of Legislation.","sortOrder":0},{"sectionNumber":"1","sectionType":"section","heading":"Name","content":"#### 1 Name\n\n  This is the Telecommunications (Listed Infringement Notice Provisions) Declaration 2022.\n  2 Commencement\n  This instrument commences at the start of the day after the day it is registered on the Federal Register of Legislation.\n  Note: The Federal Register of Legislation may be accessed free of charge at [www.legislation.gov.au](http://www.legislation.gov.au)","sortOrder":1},{"sectionNumber":"3","sectionType":"section","heading":"Authority","content":"#### 3 Authority\n\n  This instrument is made under subsection 572E(7) of the Telecommunications Act 1997.\n  4 Repeal of the Telecommunications (Listed Infringement Notice Provisions) Declaration 2011\n  The Telecommunications (Listed Infringement Notice Provisions) Declaration 2011 (Registration No. F2011L02374) is repealed.","sortOrder":2},{"sectionNumber":"5","sectionType":"section","heading":"References to other instruments","content":"#### 5 References to other instruments\n\n  In this instrument, unless the contrary intention appears:\n    (a) a reference to any other legislative instrument is a reference to that other legislative instrument as in force from time to time; and\n    (b) a reference to any other kind of instrument is a reference to that other instrument as in force from time to time.\n\n> Note 1: For references to Commonwealth Acts, see section 10 of the Acts Interpretation Act 1901; and see also subsection 13(1) of the Legislation Act 2003 for the application of the Acts Interpretation Act 1901 to legislative instruments.\n\n> Note 2: For references to instruments that are not legislative instruments, see subsection 589(2) of the Telecommunications Act 1997.\n\n> Note 2: All Commonwealth Acts and legislative instruments are registered on the Federal Register of Legislation.","sortOrder":3},{"sectionNumber":"Part 2","sectionType":"section","heading":"Declarations","content":"#### Part 2 - Declarations\n\n#### 6 Declaration – Act provisions\n\n  For paragraph 572E(7)(a) of the Telecommunications Act 1997, each provision specified in Schedule 1 is a listed infringement notice provision.\n\n#### 7 Declaration – Determination provisions\n\n  For paragraph 572E(7)(c) of the Telecommunications Act 1997, each provision specified in Schedule 2 is a listed infringement notice provision.","sortOrder":4},{"sectionNumber":"6","sectionType":"section","heading":"Declaration — Act provisions","content":"#### 6 Declaration – Act provisions\n\n  For paragraph 572E(7)(a) of the Telecommunications Act 1997, each provision specified in Schedule 1 is a listed infringement notice provision.","sortOrder":5},{"sectionNumber":"7","sectionType":"section","heading":"Declaration — Determination provisions","content":"#### 7 Declaration – Determination provisions\n\n  For paragraph 572E(7)(c) of the Telecommunications Act 1997, each provision specified in Schedule 2 is a listed infringement notice provision.","sortOrder":6},{"sectionNumber":"Endnotes","sectionType":"section","heading":"Endnotes","content":"#### Endnotes\n\nEndnote 1—About the endnotes\n\nThe endnotes provide information about this compilation and the compiled law.\n\nThe following endnotes are included in every compilation:\n\nEndnote 1—About the endnotes\n\nEndnote 2—Abbreviation key\n\nEndnote 3—Legislation history\n\nEndnote 4—Amendment history\n\nAbbreviation key—Endnote 2\n\nThe abbreviation key sets out abbreviations that may be used in the endnotes.\n\nLegislation history and amendment history—Endnotes 3 and 4\n\nAmending laws are annotated in the legislation history and amendment history.\n\nThe legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.\n\nThe amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.\n\nMisdescribed amendments\n\nA misdescribed amendment is an amendment that does not accurately describe how an amendment is to be made. If, despite the misdescription, the amendment can be given effect as intended, then the misdescribed amendment can be incorporated through an editorial change made under section 15V of the Legislation Act 2003.\n\nIf a misdescribed amendment cannot be given effect as intended, the amendment is not incorporated and “(md not incorp)” is added to the amendment history.\n\nEndnote 2—Abbreviation key\n\n| ad = added or inserted                         | orig = original                     |\n| ---------------------------------------------- | ----------------------------------- |\n| am = amended                                   | par = paragraph(s)/subparagraph(s)  |\n| amdt = amendment                               | /sub‑subparagraph(s)                |\n| c = clause(s)                                  | pres = present                      |\n| C[x] = Compilation No. x                       | prev = previous                     |\n| Ch = Chapter(s)                                | (prev…) = previously                |\n| def = definition(s)                            | Pt = Part(s)                        |\n| Dict = Dictionary                              | r = regulation(s)/rule(s)           |\n| disallowed = disallowed by Parliament          | reloc = relocated                   |\n| Div = Division(s)                              | renum = renumbered                  |\n| exp = expires/expired or ceases/ceased to have | rep = repealed                      |\n| effect                                         | rs = repealed and substituted       |\n| F = Federal Register of Legislation            | s = section(s)/subsection(s)        |\n| gaz = gazette                                  | Sch = Schedule(s)                   |\n| LA = Legislation Act 2003                      | Sdiv = Subdivision(s)               |\n| LIA = Legislative Instruments Act 2003         | SLI = Select Legislative Instrument |\n| (md not incorp) = misdescribed amendment       | SR = Statutory Rules                |\n| cannot be given effect                         | Sub‑Ch = Sub‑Chapter(s)             |\n| mod = modified/modification                    | SubPt = Subpart(s)                  |\n| No. = Number(s)                                | underlining = whole or part not     |\n| o = order(s)                                   | commenced or to be commenced        |\n| Ord = Ordinance                                |                                     |","sortOrder":7}],"analysis":{"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"This instrument performs exactly the same function as its 2011 predecessor: declaring which provisions are subject to infringement notice enforcement. It is a straightforward republication/update to reflect changes in the underlying Telecommunications Act and related determinations. There is no evidence of scope creep or expansion beyond the original purpose of maintaining the infringement notice framework."},"complexity_factors":["Very short instrument (approximately 7 substantive sections)","No defined terms section—relies entirely on definitions in the parent Telecommunications Act 1997","Minimal conditional logic (simple declaratory structure: 'each provision specified in Schedule X is a listed infringement notice provision')","No nested exceptions or complex cross-referencing beyond standard statutory interpretation notes","Mechanical, updating function (repealing old instrument, declaring new listed provisions) rather than substantive policy creation","Schedules 1 and 2 referenced but not included in provided text—these would contain the actual list of provisions"],"plain_english_summary":"This instrument repeals the 2011 declaration and re‑lists which provisions of the Telecommunications Act 1997 and related determinations may be enforced by infringement notices (on‑the‑spot fines). It lets regulators like ACMA issue fines for minor compliance failures instead of suing. It affects telecommunications carriers and service providers and the bodies that enforce the rules, but it does not create new offences or change penalties."},"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":true,"description":"This Declaration repeals the 2011 Declaration and re‑declares the set of 'listed infringement notice provisions' by reference to Schedules 1 and 2 (ss 4, 6–7). Because the Schedules' contents and a side‑by‑side comparison with the 2011 list are not included in the supplied text, the precise additions or removals cannot be determined here; nonetheless the repeal plus new Schedules indicates the declared list replaces the prior list."},"complexity_factors":["Authority depends on subsection 572E(7) of the Telecommunications Act 1997 (see s 3) — instrument is declaratory rather than substantive.","Key effect is carried by external Schedules (Schedule 1: Act provisions; Schedule 2: Determination provisions) rather than in‑body text (see ss 6–7); scope depends on those Schedules' contents.","Repeals an earlier instrument (Telecommunications (Listed Infringement Notice Provisions) Declaration 2011) which may change the set of listed provisions (s 4).","References to other instruments are dynamic (references taken as to instruments 'as in force from time to time'), creating moving scope (s 5).","Commencement is automatic at the start of the day after registration, giving immediate legal effect on registration (s 2).","The instrument does not itself set out penalties, enforcement mechanics or monetary amounts — it merely designates which provisions are 'listed', leaving enforcement detail to the Act and other instruments.","Administrative and compliance impacts are concentrated on persons subject to the listed provisions; specifics cannot be determined from this instrument alone because the Schedules are the operative list.","Endnotes and editorial notes present compilation and amendment metadata but do not change operative effect."],"plain_english_summary":"This instrument, made under subsection 572E(7) of the Telecommunications Act 1997, declares the provisions set out in Schedule 1 and Schedule 2 to be “listed infringement notice provisions”, repeals the 2011 Declaration, and commences the day after registration. It affects anyone subject to the provisions listed in those Schedules by making those provisions eligible for infringement‑notice treatment under the Act; the concrete compliance costs and behavioural effects depend on which provisions are in the Schedules."},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"}},"importantCases":[],"_links":{"self":"/api/acts/telecommunications-listed-infringement-notice-provisions-declaration-2022","history":"/api/acts/telecommunications-listed-infringement-notice-provisions-declaration-2022/history","analysis":"/api/acts/telecommunications-listed-infringement-notice-provisions-declaration-2022/analysis","conflicts":"/api/acts/telecommunications-listed-infringement-notice-provisions-declaration-2022/conflicts","importantCases":"/api/acts/telecommunications-listed-infringement-notice-provisions-declaration-2022/important-cases","documents":"/api/acts/telecommunications-listed-infringement-notice-provisions-declaration-2022/documents"}}