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).
Publication of undertakings
Unless exceptional circumstances are accepted by the ACMA as applying, the ACMA will publish enforceable undertakings on its internet site (see below). For example, the ACMA may consider a request by the undertaking party that matters that are commercial-in-confidence or that disclosure of personal details of an individual not be published. The ACMA may also consider whether disclosure is against the public interest.
Enforcement of undertakings
If a person has given an undertaking, and that undertaking has not been withdrawn or cancelled, and the ACMA considers that the person has breached the undertaking, the ACMA may apply to the Federal Court for, among other things, an order for the person to comply with the undertaking and/or to pay the Commonwealth any amount of financial benefit they have obtained that is directly or indirectly attributable to the breach.
Undertakings the ACMA has accepted
Spam Act 2003
- 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
- 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- Macquarie Media Holdings and others - varied Supplementary Undertaking under Part 14D November 2008 (withdrawn January 2009)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 (Do Not Call Register matters)
- Excite Mobile Pty Ltd December 2009
- 24 x 7 Direct Pty Ltd December 2009
- Victoria Electricity Pty Ltd October 2009
- 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
