On 25 August 2020, the carrier separation rules in the Telecommunications Act 1997 were amended to enable vertically integrated superfast network operators serving residential customers to offer wholesale and retail services on a functionally separated basis (rather than a structurally separated basis), subject to important legislative requirements. This includes a requirement for operators to offer wholesale access on non-discriminatory terms.
On 3 June 2024, the (the ECSOM Act) came into force. Among other things, the ECSOM Act increases penalties for contraventions of the carrier separation rules in Part 8 of the Telecommunications Act to a maximum penalty of $10 million for each contravention of a civil penalty provision and enables the ÌÇÐÄÔ´´ to make guidelines for the issuing of infringement notices for certain alleged contraventions of the Telecommunications Act.
The ÌÇÐÄÔ´´ has made the under subsection 572M(5) of the Telecommunications Act. The guidelines came into force on 4 September 2024.
The ÌÇÐÄÔ´´â€™s infringement notice powers are intended to provide a timely and cost-efficient enforcement outcome in relation to relatively minor alleged contraventions of civil penalty provisions in the Telecommunications Act, without the need for litigation.
The Chairperson of the ÌÇÐÄÔ´´ or a member of ÌÇÐÄÔ´´ staff appointed in writing is an ‘authorised infringement notice officer’ and has the power to give an infringement notice to a person if they have reasonable grounds to believe that the person has contravened a civil penalty provision in Part 8 of the Telecommunications Act or sections 68 or 101 of the Telecommunications Act (carrier licence conditions / service provider rules insofar as the condition/rule relates to the civil penalty provisions of Part 8).
An authorised infringement notice officer will be required to have regard to the guidelines when deciding whether to give an infringement notice. The guidelines also provide guidance to industry in relation to the ÌÇÐÄÔ´´'s approach to exercising its infringement notice powers relating to the Telecommunications Act.