Commonwealth Consolidated Acts

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BROADCASTING SERVICES ACT 1992 - SECT 5

Role of the ACMA

             (1)  In order to achieve the objects of this Act in a way that is consistent with the regulatory policy referred to in section 4, the Parliament:

                     (a)  charges the ACMA with responsibility for monitoring the broadcasting industry, the datacasting industry, the internet industry, the commercial content service industry and the online content service industry; and

                     (b)  confers on the ACMA a range of functions and powers that are to be used in a manner that, in the opinion of the ACMA, will:

                              (i)  produce regulatory arrangements that are stable and predictable; and

                             (ii)  deal effectively with breaches of the rules established by this Act.

             (2)  Where it is necessary for the ACMA to use any of the powers conferred on it by this Act to deal with a breach of this Act or the regulations, the Parliament intends that the ACMA use its powers, or a combination of its powers, in a manner that, in the opinion of the ACMA, is commensurate with the seriousness of the breach concerned.

             (3)  This section does not, by implication, limit the functions and powers of:

                     (b)  the Australian Competition and Consumer Commission; or

                     (c)  any other body or person who has regulatory responsibilities in relation to the internet industry.

             (4)  In this section:

"commercial content service" has the same meaning as in Schedule 7.

"online content service" has the same meaning as in Schedule 8.



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