Commonwealth of Australia
 
Telecommunications Act 1997
 
Telecommunications (Infringement Notice Penalties) Determination 2012
 
I, STEPHEN michael CONROY, Minister for Broadband, Communications and the Digital Economy, make the following Determination under subsection 572G(2) of the Telecommunications Act 1997.
Dated 6 February 2012
STEPHEN CONROY
Minister for Broadband, Communications and the Digital Economy _________________________________________________________________
 
1          Name of Determination
This Determination is the Telecommunications (Infringement Notice Penalties) Determination 2012.
2          Commencement
This Determination commences on the day after it is registered on the Federal Register of Legislative Instruments.
3          Interpretation
In this Determination, unless the contrary intention appears:
Act means the Telecommunications Act 1997.
Consumer Protection Act means the Telecommunications (Consumer Protection and Service Standards) Act 1999.
CSG Retail Benchmarks Instrument means the Telecommunications (Customer Service Guarantee – Retail Performance Benchmarks) Instrument (No. 1) 2011, as in force from time to time.
MPS Determination No. 1 means the Telecommunications Service Provider (Mobile Premium Services) Determination 2010 (No. 1), as in force from time to time.
MPS Determination No. 2 means the Telecommunications Service Provider (Mobile Premium Services) Determination 2010 (No. 2), as in force from time to time.
Payphone Benchmarks Instrument means the Telecommunications Universal Service Obligation (Payphone Performance Benchmarks) Instrument (No. 1) 2011, as in force from time to time.
4          Contraventions and related penalties (section 68)
For the purposes of paragraph 572G(1)(a) of the Act, for each kind of contravention of section 68 of the Act set out at an item in column 1 of the table at Schedule 1 to this Determination, the associated number of penalty units for that item in column 2 of that table is specified.
5          Contraventions and related penalties (section 101)
For the purposes of paragraph 572G(1)(a) of the Act, for each kind of contravention of section 101 of the Act set out at an item in column 1 of the table at Schedule 2 to this Determination, the associated number of penalty units for that item in column 2 of that table is specified.
Schedule 1           Contraventions and penalties (section 68)
(section 4)
Item
Column 1
Column 2

Kind of contravention of section 68 of the Act
Number of penalty units

 
          1           
A contravention that consists of a breach of the carrier licence condition set out in Part 1 of Schedule 1 to the Act in so far as that condition relates to subsection 12EE(9) of the Consumer Protection Act and the failure of a primary universal service provider to meet a minimum benchmark by less than 2 percentage points
Note: The relevant minimum benchmarks are set out in Part 3 of the Payphone Benchmarks Instrument.
3 000

 
          2           
A contravention that consists of a breach of the carrier licence condition set out in Part 1 of Schedule 1 to the Act in so far as that condition relates to subsection 12EE(9) of the Consumer Protection Act and the failure of a primary universal service provider to meet a minimum benchmark by 2 percentage points or more but less than 5 percentage points
Note: The relevant minimum benchmarks are set out in Part 3 of the Payphone Benchmarks Instrument.
6 000

 
          3           
A contravention that consists of a breach of the carrier licence condition set out in Part 1 of Schedule 1 to the Act in so far as that condition relates to subsection 12EE(9) of the Consumer Protection Act and the failure of a primary universal service provider to meet a minimum benchmark by 5 percentage points or more
Note: The relevant minimum benchmarks are set out in Part 3 of the Payphone Benchmarks Instrument.
9 000

 
          4           
A contravention that consists of a breach of the carrier licence condition set out in Part 1 of Schedule 1 to the Act in so far as that condition relates to subsection 12EF(2) of the Consumer Protection Act
600

 
          5           
A contravention that consists of a breach of the carrier licence condition set out in Part 1 of Schedule 1 to the Act in so far as that condition relates to subsection 12EI(6) of the Consumer Protection Act
900

 
Schedule 2           Contraventions and penalties (section 101)
(section 5)
Item
Column 1
Column 2

The kind of contravention of section 101 of the Act
Number of penalty units

 
           1           
A contravention that consists of a breach of the service provider rule set out in Part 1 of Schedule 2 to the Act in so far as that rule relates to subsection 12EE(9) of the Consumer Protection Act and the failure of a primary universal service provider to meet a minimum benchmark by less than 2 percentage points
Note: The relevant minimum benchmarks are set out in Part 3 of the Payphone Benchmarks Instrument.
3 000

 
           2           
A contravention that consists of a breach of the service provider rule set out in Part 1 of Schedule 2 to the Act in so far as that rule relates to subsection 12EE(9) of the Consumer Protection Act and the failure of a primary universal service provider to meet a minimum benchmark by 2 percentage points or more but less than 5 percentage points
Note: The relevant minimum benchmarks are set out in Part 3 of the Payphone Benchmarks Instrument.
6 000

 
           3           
A contravention that consists of a breach of the service provider rule set out in Part 1 of Schedule 2 to the Act in so far as that rule relates to subsection 12EE(9) of the Consumer Protection Act and the failure of a primary universal service provider to meet a minimum benchmark by 5 percentage points or more
Note: The relevant minimum benchmarks are set out in Part 3 of the Payphone Benchmarks Instrument.
9 000

 
           4           
A contravention that consists of a breach of the service provider rule set out in Part 1 of Schedule 2 to the Act in so far as that rule relates to subsection 12EF(2) of the Consumer Protection Act
600

 
           5           
A contravention that consists of a breach of the service provider rule set out in Part 1 of Schedule 2 to the Act in so far as that rule relates to subsection 12EI(6) of the Consumer Protection Act
900

 
           6           
A contravention that consists of a breach of the service provider rule set out in Part 1 of Schedule 2 to the Act in so far as that rule relates to subsection 117C(2) of the Consumer Protection Act and the failure of a carriage service provider to meet a minimum benchmark by less than 2 percentage points
Note: The relevant minimum benchmarks are set out in Part 2 of the CSG Retail Benchmarks Instrument.
3 000

 
           7           
A contravention that consists of a breach of the service provider rule set out in Part 1 of Schedule 2 to the Act in so far as that rule relates to subsection 117C(2) of the Consumer Protection Act and the failure of a carriage service provider to meet a minimum benchmark by 2 percentage points or more but less than 5 percentage points
Note: The relevant minimum benchmarks are set out in Part 2 of the CSG Retail Benchmarks Instrument.
6 000

 
           8           
A contravention that consists of a breach of the service provider rule set out in Part 1 of Schedule 2 to the Act in so far as that rule relates to subsection 117C(2) of the Consumer Protection Act and the failure of a carriage service provider to meet a minimum benchmark by 5 percentage points or more
Note: The relevant minimum benchmarks are set out in Part 2 of the CSG Retail Benchmarks Instrument.
9 000

           9           
A contravention of section 6 of MPS Determination No. 1
300

         10         
A contravention of subsection 13(3) of the MPS Determination No. 1
300

         11         
A contravention of subsection 2.1(1) of the MPS Determination No. 2
200

         12         
A contravention of subsection 2.1(2) of the MPS Determination No. 2
200

         13         
A contravention of section 3.8 of the MPS Determination No. 2
300

         14         
A contravention of section 3.13 of the MPS Determination No. 2
300