Commonwealth Consolidated Acts

BROADCASTING SERVICES ACT 1992 - SECT 130ZUB

  (1)   If:

  (a)   apart from this subsection, a commercial television broadcasting licensee has breached a provision of this Division; and

  (b)   the breach is attributable to significant difficulties of a technical or engineering nature for the licensee; and

  (c)   those difficulties could not reasonably have been foreseen by the licensee;

then the breach is to be disregarded in determining whether the licensee has complied with the provision.

  (2)   If:

  (a)   apart from this subsection, a national broadcaster has breached a provision of this Division; and

  (b)   the breach is attributable to significant difficulties of a technical or engineering nature for the broadcaster; and

  (c)   those difficulties could not reasonably have been foreseen by the broadcaster;

then the breach is to be disregarded in determining whether the broadcaster has complied with the provision.