212ACMA may issue directions

212 ACMA may issue directions

(1) If the ACMA: (a) receives a conciliator’s report in relation to a matter under paragraph 208(c); and (b) is satisfied that, in order to prevent the disputed conduct to which the matter relates from causing: (i) interference, or risk of interference, to radiocommunications; or (ii) any other disruption or disturbance, or risk of disruption or disturbance, to radiocommunications; a person to whom this section applies must take specified action, or refrain from taking specified action; the ACMA may issue a written direction to the person to take that action within a specified period, or to refrain from taking that action, as the case may be. (2) In issuing a direction the ACMA must have regard to the conciliator’s report. (3) This section applies to any of the following persons: (a) a person who has engaged, is engaging or proposes to engage in the disputed conduct in question; (b) if the matter in question arose as a result of a complaint under subsection 205(1)—the complainant. (4) A reference in this section to being engaged in conduct includes a reference to being involved in, or contributing to, that conduct. (5) If the ACMA issues a direction to a person, it must give the person notice of the reasons for that direction.

Note: A decision to issue a direction is reviewable under Part 5.6.