As per the Code, where a Carriage Service Provider (CSP) that provides carriage services to Consumers (as defined by the Code) do not provide the required documents and/or where Communications Compliance is not satisfied with the progress and completion of a Compliance Achievement Plan or Action Plan, Communications Compliance must report the CSP to the Australian Communications and Media Authority (ACMA). However, Communications Compliance will always first give a written warning and it will provide the CSP with an opportunity to comply.
In its decision to refer a CSP to the ACMA, Communications Compliance may consider for example:
- Whether the CSP has cooperated with Communications Compliance in the past and in addressing the non-compliance,
- The compliance history of the CSP, including the lodgement of required documents,
- Whether the CSP has made an attempt (successfully or not) to address the non-compliance,
- The seriousness of a compliance breach, including its potential to cause consumer and/or industry detriment,
- The degree of consumer and/or industry detriment actually caused by the non-compliance,
- The extent to which the non-compliance can be speedily rectified.