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BROADCASTING SERVICES ACT 1992 - SECT 142

Breach of remedial direction--offences

  (1)   A person commits an offence if:

  (a)   the person has been given a notice under section   141; and

  (b)   the person is:

  (i)   a commercial television broadcasting licensee; or

  (ii)   in a position to exercise control of a commercial television broadcasting licence; 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)   a person has been given a notice under section   141; and

  (b)   the person is a subscription television broadcasting licensee; 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   141; and

  (b)   the person is:

  (i)   a commercial radio broadcasting licensee; or

  (ii)   in a position to exercise control of a commercial radio broadcasting licence; and

  (c)   the person engages in conduct; and

  (d)   the person's conduct contravenes a requirement in the notice.

Penalty:   500 penalty units.

  (4)   A person commits an offence if:

  (a)   the person has been given a notice under section   141; and

  (b)   the person is not:

  (i)   a commercial television broadcasting licensee; or

  (ii)   in a position to exercise control of a commercial television broadcasting licence; or

  (iii)   a subscription television broadcasting licensee; or

  (iv)   a commercial radio broadcasting licensee; or

  (v)   in a position to exercise control of a commercial radio broadcasting licence; and

  (c)   the person engages in conduct; and

  (d)   the person's conduct contravenes a requirement in the notice.

Penalty:   50 penalty units.

  (5)   A person who contravenes subsection   (1), (2), (3) or (4) 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.

  (6)   In this section:

"engage in conduct" means:

  (a)   do an act; or

  (b)   omit to perform an act.


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