Commonwealth Consolidated Acts

BROADCASTING SERVICES ACT 1992 - SECT 139

  (1)   A person commits an offence if:

  (a)   the person is a commercial television broadcasting licensee; and

  (b)   the person engages in conduct; and

  (c)   the person's conduct breaches a condition of the licence set out in subclause   7(1) (other than paragraph   7(1)(ia)) of Schedule   2.

Penalty:   2,000 penalty units.

  (1A)   A person commits an offence if:

  (a)   the person is a commercial television broadcasting licensee; and

  (b)   the person engages in conduct; and

  (c)   the person's conduct breaches the condition of the licence set out in paragraph   7(1)(ia) of Schedule   2.

Penalty:   60 penalty units.

  (1B)   An offence against subsection   (1A) is an offence of strict liability.

Note:   For strict liability , see section   6.1 of the Criminal Code .

  (1C)   Subsection   (1A) is a designated infringement notice provision.

  (2)   A person commits an offence if:

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

  (b)   the person engages in conduct; and

  (c)   the person's conduct breaches a condition of a subscription television broadcasting licence set out in section   103P, 103Q, 103S, 103T, 103V, 103W, 103Y or 103Z, or in subclause   10(1) of Schedule   2.

Penalty:   1,000 penalty units.

  (3)   A person commits an offence if:

  (a)   the person is a commercial radio broadcasting licensee; and

  (b)   the person engages in conduct; and

  (c)   the person's conduct breaches a condition of the licence set out in subclause   8(1) (other than paragraph   8(1)(ha)) of Schedule   2.

Penalty:   500 penalty units.

  (3A)   A person commits an offence if:

  (a)   the person is a commercial radio broadcasting licensee; and

  (b)   the person engages in conduct; and

  (c)   the person's conduct breaches the condition of the licence set out in paragraph   8(1)(ha) of Schedule   2.

Penalty:   60 penalty units.

  (3B)   An offence against subsection   (3A) is an offence of strict liability.

Note:   For strict liability , see section   6.1 of the Criminal Code .

  (3C)   Subsection   (3A) is a designated infringement notice provision.

  (4)   A person commits an offence if:

  (a)   the person is a community broadcasting licensee (other than a temporary community broadcasting licensee); and

  (b)   the person engages in conduct; and

  (c)   the person's conduct breaches a condition of the licence set out in subclause   9(1) of Schedule   2.

Penalty:   50 penalty units.

  (5)   A person commits an offence if:

  (a)   the person is a temporary community broadcasting licensee; and

  (b)   the person engages in conduct; and

  (c)   the person's conduct breaches a condition of the licence set out in subclause   9(1) (other than paragraph   9(1)(h)) of Schedule   2.

Penalty:   50 penalty units.

  (6)   A person commits an offence if:

  (a)   the person provides a subscription radio broadcasting service, a subscription narrowcasting service or an open narrowcasting service; and

  (b)   the person engages in conduct; and

  (c)   the person's conduct breaches a condition set out in subclause   11(1) of Schedule   2.

Penalty:   50 penalty units.

  (7)   In this section:

"engage in conduct" means:

  (a)   do an act; or

  (b)   omit to perform an act.