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Regulatory guides

The ACMA issues regulatory guides to assist industry and the community by:

  • giving practical guidance
  • describing principles underlying the ACMA’s approach to activities
  • explaining the ACMA’s interpretation of the law
  • explaining when and how the ACMA will exercise specific powers under the legislation it administers

A regulatory guide does not constitute or replace legal advice on obligations under the relevant legislation.

Regulatory guides
Publication Description Date released
Regulatory guide No. 6—Publication of investigations and enforcement actions

The purpose of this guide is to explain the ACMA’s approach to public comment and publicity of its investigations and enforcement actions.

This guide does not constitute legal advice.

Dec 2019
Regulatory guide No. 5—Infringement notices 

The ACMA is empowered to issue an infringement notice in certain instances under the Do Not Call Register Act 2006, Spam Act 2003, Telecommunications Act 1997, Broadcasting Services Act 1992, Telecommunications Regulations 2001 and Radiocommunications Regulations 1993. The purpose of this guide is to explain the ACMA’s approach to giving an infringement notice.

This guide does not constitute legal advice.

Sept 2011

Updated December 2019

Regulatory guide No. 4—Remedial directions

The ACMA is empowered to issue remedial directions under the Broadcasting Services Act 1992, Interactive Gambling Act 2001, Telecommunications Act 1997 and Telecommunications (Consumer Protection and Service Standards) Act 1999. The purpose of this guide is to explain the ACMA’s approach to giving a remedial direction under these Acts.

This guide does not constitute legal advice.

Aug 2011

Updated December 2019

Regulatory guide No. 3—Information-sharing under Part 7A of the ACMA Act 

Part 7A of the Australian Communications and Media Authority Act 2005 (the ACMA Act) creates a class of information called authorised disclosure information (defined in section 3 of the ACMA Act) that can be shared by the ACMA. The purpose of this guide is to explain the nature of the discretion conferred on the ACMA under Part 7A of the ACMA Act to share authorised disclosure information. It also highlights the range of factors which may impact on the ACMA’s decision to share information.

This guide does not constitute legal advice.

May 2011

Updated December 2019

Regulatory guide No. 2—Purpose of an investigation under the Broadcasting Services Act

The Broadcasting Services Act 1992 (BSA) confers a broad discretion on the ACMA to conduct investigations and imposes an obligation to conduct investigations in certain instances.

The purpose of this regulatory guide is to provide guidance to those who make a complaint to the ACMA or who may be asked to assist the ACMA in, or are the subject of, an investigation. It explains the nature and purpose of investigations undertaken by the ACMA under the BSA.

This guide does not constitute legal advice.

Mar 2011

Updated December 2019

Regulatory guide No. 1—Enforceable undertakings

The ACMA has discretion to accept an enforceable undertaking (EU) under the Broadcasting Services Act 1992, the Spam Act 2003, the Radiocommunications Act 1992 and the Telecommunications Act 1997, with respect to compliance with that Act, as well as the Telecommunications (Consumer Protection and Service Standards) Act 1999 and the Do Not Call Register Act 2006.

The purpose of this guide is to explain the ACMA’s approach to accepting EUs under these Acts.

This guide does not constitute as legal advice.

Updated December 2019

 

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