Commonwealth Consolidated Acts

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Notices by the ACMA

             (1)  If the ACMA is satisfied that a person is in breach of a provision of Division 2 or 3, the ACMA may, by notice in writing given to:

                     (a)  the person; or

                     (b)  if the person is not the licensee and the breach is one that can be remedied by the licensee--the licensee;

direct the person or the licensee to take action so that the person is no longer in breach of that provision.

             (2)  The ACMA is not to give a notice to a person under subsection (1) in relation to a breach if an approval under section 67 has been given in respect of the breach and the period specified under that section, or an extension of that period, has not expired.

             (3)  The notice is to specify a period during which the person must take action to ensure that the person is no longer in that position.

             (4)  The period must be one month, 6 months, one year or 2 years.

             (5)  If the ACMA is satisfied that the breach was deliberate and flagrant, the period specified in the notice must be one month.

             (6)  If the ACMA gives a notice under subsection (1) in respect of a breach that the ACMA had approved under section 67, the ACMA must specify a period of one month in the notice under subsection (1).

             (7)  If the ACMA is satisfied that the person breached the relevant provision as a result of the actions of other persons none of whom is an associate of the person, a period of one year or 2 years must be specified, but such a period must not be specified in other circumstances.

             (8)  The Parliament recognises that, if a period of one month is specified in a notice, the person to whom the notice is given or another person may be required to dispose of shares in a way, or otherwise make arrangements, that could cause the person a considerable financial disadvantage. Such a result is seen as necessary in order to discourage deliberate and flagrant breaches of this Part.

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