(5) A person who contravenes subsection (3) commits a separate contravention of that subsection in respect of each day (including a day of the making of a relevant civil penalty order or any subsequent day) during which the contravention continues.
Designated infringement notice provision
(6) Subsection (3) is a designated infringement notice provision.
Requirements for notice
(7) A period specified under paragraph (2)(a), (b) or (c) must not be shorter than 14 days after the notice is given.
130ZZR Copies of documents
(1) The ACMA may inspect a document or copy produced under this Part and may make and retain copies of, or take and retain extracts from, such a document.
(2) The ACMA may retain possession of a copy of a document produced in accordance with a requirement covered by paragraph 130ZZQ(2)(c).
Division 4—Miscellaneous
130ZZS Service of notices by electronic means
Paragraphs 9(1)(d) and (2)(d) of the Electronic Transactions Act 1999 do not apply to:
(a) a notice under this Part; or
(b) a notice under any other provision of this Act, so far as that provision relates to this Part.
Note: Paragraphs 9(1)(d) and (2)(d) of the Electronic Transactions Act 1999 deal with the consent of the recipient of information to the information being given by way of electronic communication.
130ZZT Relationship with other laws
This Part does not limit the operation of any other provision of this Act.
130ZZU Concurrent operation of State and Territory laws
It is the intention of the Parliament that this Part is not to apply to the exclusion of a law of a State or Territory to the extent to which that law is capable of operating concurrently with this Part.
Division 5—Review of this Part etc.
130ZZV Review of this Part
Review of this Part
(1) The Minister must cause a review to be conducted of the operation, effectiveness and implications of:
(a) this Part; and
(b) the remaining provisions of this Act to the extent to which they relate to this Part; and
(c) regulations made for the purposes of section 130ZZO; and
(d) any legislative instruments made under subsection 130ZZI(2) or (3), 130ZZJ(2) or (3), 130ZZL(3) or 130ZZN(9); and
(e) any guidelines made under subsection 130ZZM(1).
(2) The review must commence as soon as practicable after the end of the 2 year period starting on the day that is 18 months after the commencement of this Part.
Report
(3) The persons undertaking the review must give the Minister a written report of the review. The report must not include information that is commercially sensitive.
(4) The Minister must cause copies of the report to be tabled in each House of the Parliament within 15 sittings days of that House after receiving the report.
130ZZW Minister may request report
The Minister may, by written notice given to the ACMA, request the ACMA to:
(a) prepare a report about any one or more of the following:
(i) regulated television devices;
(ii) regulated television services;
(iii) technological developments that relate to regulated television devices or regulated television services;
(iv) access to regulated television services by users of regulated television devices;
(v) developments in the broadcasting service industry and broadcasting video on demand service industry; and
(b) give the report to the Minister.
(2) The ACMA must comply with a request under subsection (1).
130ZZX Minister may direct ACMA about the exercise of its powers
(1) The Minister may, by legislative instrument, give a direction to the ACMA about the exercise of the powers conferred on the ACMA by this Part.
(2) The ACMA must comply with a direction under subsection (1).
Part 10—Remedies for breaches of licensing provisions
Division 1—Offences for providing unlicensed services
131 Prohibition on providing a commercial television broadcasting service without a licence
A person must not provide a commercial television broadcasting service unless the person has a licence to provide that service.
Penalty: 20,000 penalty units.
132 Prohibition on providing a subscription television broadcasting service without a licence
A person must not provide a subscription television broadcasting service unless the person has a licence to provide that service.
Penalty: 2,000 penalty units.
133 Prohibition on providing a commercial radio broadcasting service without a licence
A person must not provide a commercial radio broadcasting service unless the person has a licence to provide that service.
Penalty: 2,000 penalty units.
134 Prohibition on providing a community television broadcasting service without a licence
A person must not provide a community television broadcasting service with the use of the broadcasting services bands unless the person has a licence to provide that service.
Penalty: 500 penalty units.
135 Prohibition on providing a community radio broadcasting service without a licence
A person must not provide a community radio broadcasting service with the use of the broadcasting services bands unless the person has a licence to provide that service.
Penalty: 50 penalty units.
136 Continuing offences
A person who breaches a provision of this Division commits a separate offence in respect of each day (including a day of a conviction under this section or any subsequent day) during which the breach continues.
Division 1A—Civil penalty provisions relating to unlicensed services
136A Prohibition on providing a commercial television broadcasting service without a licence
(1) A person must not provide a commercial television broadcasting service if the person does not have a licence to provide that service.
(2) Subsection (1) is a civil penalty provision.
136B Prohibition on providing a subscription television broadcasting service without a licence
(1) A person must not provide a subscription television broadcasting service if the person does not have a licence to provide that service.
(2) Subsection (1) is a civil penalty provision.
136C Prohibition on providing a commercial radio broadcasting service without a licence
(1) A person must not provide a commercial radio broadcasting service if the person does not have a licence to provide that service.
(2) Subsection (1) is a civil penalty provision.
136D Prohibition on providing a community television broadcasting service without a licence
(1) A person must not provide a community television broadcasting service with the use of the broadcasting services bands if the person does not have a licence to provide that service.
(2) Subsection (1) is a civil penalty provision.
136E Prohibition on providing a community radio broadcasting service without a licence
(1) A person must not provide a community radio broadcasting service with the use of the broadcasting services bands if the person does not have a licence to provide that service.
(2) Subsection (1) is a civil penalty provision.
136F Continuing breaches
A person who contravenes a provision of this Division commits a separate contravention of that provision in respect of each day (including a day of the making of a relevant civil penalty order or any subsequent day) during which the contravention continues.
Division 2—Action by ACMA where a person provides a service without a licence
137 Remedial directions—unlicensed services
If the ACMA is satisfied that a person has breached, or is breaching, section 136A, 136B, 136C, 136D or 136E, the ACMA may, by written notice given to the person, direct the person to take action directed towards ensuring that the person does not breach that section, or is unlikely to breach that section, in the future.
138 Breach of remedial direction—offences
(1) A person commits an offence if:
(a) the person has been given a notice under section 137; and
(b) the notice relates to a breach of section 136A; and
(c) the person engages in conduct; and
(d) the person’s conduct contravenes a requirement in the notice.
Penalty: 20,000 penalty units.
(2) A person commits an offence if:
(a) the person has been given a notice under section 137; and
(b) the notice relates to a breach of section 136B or 136C; and
(c) the person engages in conduct; and
(d) the person’s conduct contravenes a requirement in the notice.
Penalty: 2,000 penalty units.
(3) A person commits an offence if:
(a) the person has been given a notice under section 137; and
(b) the notice relates to a breach of section 136D or 136E; and
(c) the person engages in conduct; and
(d) the person’s conduct contravenes a requirement in the notice.
Penalty: 50 penalty units.
(4) A person who contravenes subsection (1), (2) or (3) commits a separate offence in respect of each day (including a day of a conviction for the offence or any later day) during which the contravention continues.
(5) In this section:
engage in conduct means:
(a) do an act; or
(b) omit to perform an act.
138A Breach of remedial direction—civil penalty provision
(1) A person must comply with a notice under section 137.
(2) Subsection (1) is a civil penalty provision.
(3) A person who contravenes subsection (1) commits a separate contravention of that subsection in respect of each day (including a day of the making of a relevant civil penalty order or any subsequent day) during which the contravention continues.
Division 3—Action in relation to breaches by licensees
139 Offence for breach of conditions of licences and class licences
(1) A person commits an offence if:
(a) the person is a commercial television broadcasting licensee; and
(b) the person engages in conduct; and
(c) the person’s conduct breaches a condition of the licence set out in subclause 7(1) (other than paragraph 7(1)(ia)) of Schedule 2.
Penalty: 2,000 penalty units.
(1A) A person commits an offence if:
(a) the person is a commercial television broadcasting licensee; and
(b) the person engages in conduct; and
(c) the person’s conduct breaches the condition of the licence set out in paragraph 7(1)(ia) of Schedule 2.
Penalty: 60 penalty units.
(1B) An offence against subsection (1A) is an offence of strict liability.
Note: For strict liability, see section 6.1 of the Criminal Code.
(1C) Subsection (1A) is a designated infringement notice provision.
(2) A person commits an offence if:
(a) the person is a subscription television broadcasting licensee; and
(b) the person engages in conduct; and
(c) the person’s conduct breaches a condition of a subscription television broadcasting licence set out in section 103P, 103Q, 103S, 103T, 103V, 103W, 103Y or 103Z, or in subclause 10(1) of Schedule 2.
Penalty: 1,000 penalty units.
(3) A person commits an offence if:
(a) the person is a commercial radio broadcasting licensee; and
(b) the person engages in conduct; and
(c) the person’s conduct breaches a condition of the licence set out in subclause 8(1) (other than paragraph 8(1)(ha)) of Schedule 2.
Penalty: 500 penalty units.
(3A) A person commits an offence if:
(a) the person is a commercial radio broadcasting licensee; and
(b) the person engages in conduct; and
(c) the person’s conduct breaches the condition of the licence set out in paragraph 8(1)(ha) of Schedule 2.
Penalty: 60 penalty units.
(3B) An offence against subsection (3A) is an offence of strict liability.
Note: For strict liability, see section 6.1 of the Criminal Code.
(3C) Subsection (3A) is a designated infringement notice provision.
(4) A person commits an offence if:
(a) the person is a community broadcasting licensee (other than a temporary community broadcasting licensee); and
(b) the person engages in conduct; and
(c) the person’s conduct breaches a condition of the licence set out in subclause 9(1) of Schedule 2.
Penalty: 50 penalty units.
(5) A person commits an offence if:
(a) the person is a temporary community broadcasting licensee; and
(b) the person engages in conduct; and
(c) the person’s conduct breaches a condition of the licence set out in subclause 9(1) (other than paragraph 9(1)(h)) of Schedule 2.
Penalty: 50 penalty units.
(6) A person commits an offence if:
(a) the person provides a subscription radio broadcasting service, a subscription narrowcasting service or an open narrowcasting service; and
(b) the person engages in conduct; and
(c) the person’s conduct breaches a condition set out in subclause 11(1) of Schedule 2.
Penalty: 50 penalty units.
(7) In this section:
engage in conduct means:
(a) do an act; or
(b) omit to perform an act.
140 Continuing offences
A person who breaches section 139 commits a separate offence in respect of each day (including a day of a conviction under this section or any subsequent day) during which the breach continues.
140A Civil penalty provisions relating to breach of conditions of licences and class licences
(1) A commercial television broadcasting licensee must not breach a condition of the licence set out in subclause 7(1) of Schedule 2.
(2) A subscription television broadcasting licensee must not breach a condition of a subscription television broadcasting licence set out in:
(a) section 103P, 103Q, 103S, 103T, 103V, 103W, 103Y or 103Z; or
(b) subclause 10(1) of Schedule 2.
(3) A commercial radio broadcasting licensee must not breach a condition of the licence set out in subclause 8(1) of Schedule 2.
(4) A community broadcasting licensee (other than a temporary community broadcasting licensee) must not breach a condition of the licence set out in subclause 9(1) of Schedule 2.
(5) A temporary community broadcasting licensee must not breach a condition of the licence set out in subclause 9(1) (other than paragraph 9(1)(h)) of Schedule 2.
(6) A person who provides a subscription radio broadcasting service, a subscription narrowcasting service or an open narrowcasting service must not breach a condition set out in subclause 11(1) of Schedule 2.
Civil penalty
(7) Subsections (1), (2), (3), (4), (5) and (6) are civil penalty provisions.
Continuing breaches
(8) A person who contravenes a provision of this section commits a separate contravention of that provision in respect of each day (including a day of the making of a relevant civil penalty order or any subsequent day) during which the contravention continues.
141 Remedial directions—licence conditions, class licences and codes of practice
Licence conditions relating to commercial, community or subscription services
(1) If the ACMA is satisfied that a person who is:
(a) a commercial television broadcasting licensee; or
(b) a commercial radio broadcasting licensee; or
(c) a community broadcasting licensee; or
(d) a subscription television broadcasting licensee;
has breached, or is breaching, a condition of the licence, the ACMA may, by written notice given to the person, direct the person to take action directed towards ensuring that the person does not breach that condition, or is unlikely to breach that condition, in the future.
(2) The following are examples of the kinds of direction that may be given to a person under subsection (1):
(a) a direction that the person implement effective administrative systems for monitoring compliance with a condition of the licence;
(b) a direction that the person implement a system designed to give the person’s employees, agents and contractors a reasonable knowledge and understanding of the requirements of a condition of the licence, in so far as those requirements affect the employees, agents or contractors concerned.
(3) If the ACMA is satisfied that a person who is in a position to exercise control of:
(a) a commercial television broadcasting licence; or
(b) a commercial radio broadcasting licence;
has caused, or is causing, the licensee to breach a condition of the licence, the ACMA may, by written notice given to the person, direct the person to take action directed towards ensuring that the person does not cause the licensee to breach that condition, or is unlikely to cause the licensee to breach that condition, in the future.
Class licences
(4) If the ACMA is satisfied that a person who provides:
(a) a subscription radio broadcasting service; or
(b) a subscription narrowcasting service; or
(c) an open narrowcasting service;
has breached, or is breaching, a condition of the relevant class licence, the ACMA may, by written notice given to the person, direct the person to take action directed towards ensuring that the person does not breach that condition, or is unlikely to breach that condition, in the future.
(5) The following are examples of the kinds of direction that may be given to a person under subsection (4):
(a) a direction that the person implement effective administrative systems for monitoring compliance with a condition of the relevant class licence;
(b) a direction that the person implement a system designed to give the person’s employees, agents and contractors a reasonable knowledge and understanding of the requirements of a condition of the relevant class licence, in so far as those requirements affect the employees, agents or contractors concerned.
Codes of practice
(6) If the ACMA is satisfied that a person who provides:
(a) a subscription radio broadcasting service; or
(b) a subscription narrowcasting service; or
(c) an open narrowcasting service;
has breached, or is breaching, a registered code of practice that applies to the service, the ACMA may, by written notice given to the person, direct the person to take action directed towards ensuring that the person does not breach that code of practice, or is unlikely to breach that code of practice, in the future.
(7) The following are examples of the kinds of direction that may be given to a person under subsection (6):
(a) a direction that the person implement effective administrative systems for monitoring compliance with a registered code of practice that applies to the service concerned;