52ZZNPowers of the ACMA to obtain information etc.

52ZZN Powers of the ACMA to obtain information etc.

Application of Broadcasting Services Act 1992

(1) Subject to this Division, Parts 13 and 14B of the Broadcasting Services Act 1992, and any other provisions of that Act to the extent that they relate to either of those Parts, apply as if:

(a) a reference in Part 13 of the Broadcasting Services Act 1992 to the ACMA’s broadcasting, content and datacasting functions included a reference to the powers and functions of the ACMA under Part IVBA of this Act; and

(b) the references in paragraphs 168(2)(b) and 187(2)(b) of that Act to the “due administration of this Act” included a reference to the due administration of Part IVBA of this Act.

Note: Part 13 of the Broadcasting Services Act 1992 deals with information‑gathering by the ACMA, and Part 14B of that Act deals with civil penalties.

Offences and civil penalty provisions

(2) For the purposes of applying the Broadcasting Services Act 1992 in relation to this Part in accordance with subsection (1):

(a) omit the penalty in section 201 of that Act and instead treat that section as if it were a civil penalty provision for the purposes of that Act; and

(b) disregard subsections 202(1) and (2) of that Act; and

(c) disregard subsections 205F(4) and (5) of that Act; and

(d) treat the maximum penalty for a contravention of a civil penalty provision of Part 13 or 14B of that Act (including a contravention of a provision that is treated as a civil penalty provision because of this section) as being 600 penalty units.