The ACMA may accept an enforceable undertaking under the Broadcasting Services Act 1992, Telecommunications Act 1997, Spam Act 2003 and Radiocommunications Act 1992. This page contains the undertakings that the ACMA has accepted and published under these Acts (see below).
See also the ACMA’s Regulatory guide No. 1 – Enforceable undertakings.
Undertakings the ACMA has accepted
Spam Act 2003
- Tiger Airways Holdings Ltd October 2012
- EventsHQ Pty Ltd March 2012
- Nokia Corporation January 2012
- Urban Agent (trading as JER Pty Ltd) November 2011
- Virgin Blue (Australia) Pty Ltd December 2010
- Best Buy Australia Pty Ltd August 2010
- Virgin Mobile (Australia) Pty Ltd March 2010
- Funmobile Australia Pty Ltd February 2010
- Commonwealth Securities Ltd January 2010
- Vodafone Hutchison Australia Pty Ltd October 2009
- Big Mobile Pty Ltd October 2009
- New Dialogue Pty Ltd October 2009
- MYOB Australia E1 Pty Ltd August 2009
- EMX Pty Ltd December 2008
- Oxygen8 Communications Pty Ltd December 2008
- DC Marketing Europe Ltd August 2007
- Pitch Entertainment Group Ltd July 2007 (1.2 mb)
- Qidi Enterprise Pty Ltd January 2006
- William Holland December 2005
- Australian SMS Pty Ltd July 2005
- Simon Burdett April 2005
- Ourguide.com October 2004 (1.1 mb)
Broadcasting Services Act 1992
- TCN Channel Nine Pty Ltd and others – undertaking under s205W July 2012
- 5AU Broadcasters Pty Limited - undertaking under s205W August 2011
- TCN Channel Nine Pty Ltd and others - undertaking under s205W May 2011 - Cancelled 23 July 2012
- Muslim Community Radio Inc. 2MFM 92.1 May 2011
- Southern Cross Media Group Ltd and others - undertaking under s205W March 2011
- WIN Corporation Pty Ltd - undertaking under s205W October 2010
- Nine Network Australia Holding Pty Ltd and others - undertaking under s205W October 2010
- General Television Corporation Pty Limited (GTV) - undertaking under s205W September 2010
- Good News Broadcasters Inc. - undertaking under s205W August 2010
- Foxtel Cable Television Pty Ltd (FOXTEL) - variation to undertaking under s205W July 2010
- AUSTAR Entertainment P/L - undertaking under s205W November 2009
- FOXTEL Cable Television Pty Ltd (FOXTEL) - undertaking under s205W August 2009 (4.4 mb)
- Lambing Flat Community Broadcasting Inc - undertaking under s205W June 2009
- Darling Downs Broadcasting Society Inc (Radio 4DDB) - undertakings under s205W June 2009
- WIN Corporation Pty Ltd and others - undertakings under Part 14D February 2009
- Nine Network Australia Holding Pty Ltd and others - undertakings under Part 14D January 2009
- Macquarie Media Holdings and others - varied Supplementary Undertaking under Part 14D November 2008 (withdrawn January 2009)
- Macquarie Media Holdings and others - Supplementary Undertaking under Part 14D July 2008 (withdrawn January 2009)
- Western Sports Media Inc - undertakings s205W June 2008
- Lost the Plot - undertakings s205W May 2008
- Fairfax undertakings - Part 14D April 2008 (1.10 mb)
- Fairfax undertakings - Part 14D February 2008 (1.1 mb)
- Fairfax - varied undertakings Parts 5 & 14D January 2008
- Macquarie Media Holdings - varied undertakings s61AS November 2007
- Fairfax Media Limited - undertakings under Part 5 and 14D October 2007
- 2UE Sydney Pty Ltd - undertaking s205W 24 September 2007
- Macquarie Media Holdings and others - varied undertakings s205W September 2007 (withdrawn January 2009)
- Macquarie Media Holdings and others - undertakings s205W July 2007 (withdrawn January 2009)
- PBL undertakings February 2007
- Pleiades Media February 2007
- Seven Media Group February 2007
Telecommunications Act 1997
- Service Stream Solutions Pty Ltd December 2012
- Lee Berenger (trading as Sydney Leisure Guide) October 2012
This note confirms that on 3 April 2013 the Australian Communications and Media Authority confirmed a variation to the Lee Berenger (trading as Sydney Leisure Guide) enforceable undertaking accepted on 28 September 2012.
Pursuant to section 572B(3) of the Telecommunications Act 1997, the variation replaces clause 3.1(a) of the undertaking with:
"Lee Berenger undertakes to complete the Association for Data-Driven Marketing and Advertising Privacy and Marketing Compliance course. Lee Berenger undertakes to complete this course on line by 31 October 2013. Lee Berenger undertakes to provide the ACMA, within 14 days of completion, a letter signed by the course co-ordinator confirming his completion of the course."
- Indoz Worldwide Pty Ltd (trading as Vacation4you) March 2012
- Vodafone Hutchison Australia Pty Ltd January 2012
- Modern Roof Restoration (NSW) Pty Ltd October 2011
- Optus Pty Ltd August 2011
- Gotalk Communications Pty Ltd September 2010
- Optus Pty Ltd August 2010
- Soul Communications Pty Ltd May 2010
- Connex Communications Pty Ltd April 2010
- Brystart Holdings Pty Ltd (trading as Bruce Harry Real Estate) March 2010
- Excite Mobile Pty Ltd December 2009
- 24 x 7 Direct Pty Ltd December 2009
- Victoria Electricity Pty Ltd October 2009
This note confirms that on 27 April 2011 the Australian Communications and Media Authority confirmed a variation to the Lumo Energy Australia Pty Ltd (formerly Victoria Electricity Pty Ltd) enforceable undertaking given on 16 October 2009.
Pursuant to section 572B(3) of the Telecommunications Act 1997, the variation replaces the definition of "Call records" contained in section 1 of the undertaking with:
"the record retrieved from the ‘LAM’ sales database, or such other databases employed by Victoria Electricity from time to time" - Telstra Corporation Limited August 2009 (741 kb)
- AMD Telecom Pty Ltd July 2009
- Startel Communication Co Pty Ltd April 2009
- Wyndham Vacation Resorts March 2009 (812 kb)
- Freedom Escapes February 2009
- People Telecom January 2009
- Scott Edwards September 2008
- Dean Lwin September 2008
- Lifestyle Dynamics September 2008
- Astron Communications August 2008
- Dodo Australia August 2008
