The legislation we enforce
As the regulator, we can investigate activities under certain laws and legal instruments including:
- Broadcasting Services Act 1992
- Radiocommunications Act 1992
- Telecommunications Act 1997
- Telecommunications (Consumer Protection and Service Standards) Act 1999
- Spam Act 2003
- Do Not Call Register Act 2006
- Interactive Gambling Act 2001
There are also other rules, codes and standards which together with the primary legislation form the regulatory framework.
The Compliance and Enforcement Policy explains our approach and how we can respond if someone contravenes the law.
Taking the right enforcement action
Where we believe someone has broken the rules set out in legislation, a code or standard, we can investigate. We also investigate complaints made to us. If we discover that they have not followed the law, we can respond in one of several ways:
- provide advice on what they need to do to comply (informal warning)
- give them a formal warning
- issue an infringement notice
- give a remedial direction that tells them what they need to comply
- accept court-enforceable undertakings from them about how they will comply
- apply to the Federal Court for civil penalty orders or injunctions
The action we take will depend on the type of rules that were not followed and how serious, widespread or harmful the conduct is.
Helping consumers
We provide information and advice to help consumers:
- be more aware of their rights
- understand whether they can complain to us or to another authority
- protect themselves against companies that are not following the law
Supporting and investigating industry
We support companies and individuals working across the communications and media sector to:
- understand the laws, codes and standards they must follow
- have the right licences to provide products and services in Australia
- improve the way they deal with customers
- complete any required reporting that shows us they comply with the law