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BROADCASTING SERVICES ACT 1992 - SECT 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;

                     (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 registered code of practice that applies to the service concerned, in so far as those requirements affect the employees, agents or contractors concerned.



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