Communications Compliance

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ACMA Referrals

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.