Telecommunications cabling infringement notices

Under the Telecommunications Act 1997, the Australian Communications and Media Authority (ACMA) is responsible for technical regulation of telecommunications customer equipment and customer cabling. Where breaches of the regulations occur, the ACMA has the authority to commence corrective action against alleged offenders.

Firstly, the ACMA advises alleged offenders of any breaches and the steps needed to comply with requirements. If unsuccessful, the ACMA can escalate the regulatory action by issuing alleged offenders with a Telecommunications Infringement Notice, setting out the nature of the offence, the penalty amount and the maximum penalty a court could impose for it.

Infringement notices are a better alternative to prosecution and subsequent legal representation in court, imposing lower penalties than the maximum penalty a court could impose for such offences. In addition, when the penalty is paid, the matter is disposed of without any admission of guilt or a conviction, whereas in court, a criminal conviction may be recorded with the potential for significant harm to business and personal reputation.

Offences

Infringement notices cover:

• connection of unauthorised customer equipment to a telecommunications network or installation of unauthorised cabling products;
• labelling telecommunications customer equipment or customer cabling with the ‘A-tick’ without satisfying relevant standards or documentation requirements;
• unauthorised use of protected symbols;
• supply of unlabelled telecommunications customer equipment;
• performance of unauthorised telecommunications customer cabling work;
• breaching the Telecommunications Cabling Provider Rules 2000; and,
• contravening cabling licence conditions.

Penalties

Penalties are linked to penalty units under the Crimes Act 1914 and currently, one penalty unit equates to $170.

Example 1: If an individual performs unauthorised cabling work, an Infringement Notice imposes 12 penalty units ($2040) for each offence, whereas the maximum penalty a court may impose on conviction of the offence is 120 penalty units ($20,400).

Example 2: If an individual supplies unlabelled customer equipment that should be labelled, an infringement notice imposes 12 penalty units ($2040) for each offence. A body corporate would have 60 penalty units ($10,200) imposed for each offence. The maximum penalty a court may impose on conviction of the offence is 100 penalty units ($17,000).

Those who believe they have not committed an offence should provide a written statement showing why they believe they haven’t committed an offence, and any material that should be taken into account in the ACMA’s consideration of the matter. The ACMA will then provide written notification advising withdrawal or non-withdrawal of the infringement notice.

In deciding on the matter, the following factors are considered:

• Material provided by the individual.
• Circumstances in which the offence mentioned in the Infringement Notice is alleged to have been committed.
• Whether the person has been convicted previously of an offence against the Telecommunications Act.
• Whether an infringement notice has previously been given to the person for an offence of the same kind as that in the infringement notice.
• Any other matter the authorised person considers relevant to the decision.

If the penalty is not paid within the prescribed timeframe, the ACMA may commence prosecution action, taking the matter to court.