Commonwealth Consolidated Acts

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BROADCASTING SERVICES ACT 1992 - SECT 140A

Civil penalty provisions relating to breach of conditions of licences and class licences

  (1)   A commercial television broadcasting licensee must not breach a condition of the licence set out in subclause   7(1) of Schedule   2.

  (2)   A subscription television broadcasting licensee must not breach a condition of a subscription television broadcasting licence set out in:

  (a)   section   103P, 103Q, 103S, 103T, 103V, 103W, 103Y or 103Z; or

  (b)   subclause   10(1) of Schedule   2.

  (3)   A commercial radio broadcasting licensee must not breach a condition of the licence set out in subclause   8(1) of Schedule   2.

  (4)   A community broadcasting licensee (other than a temporary community broadcasting licensee) must not breach a condition of the licence set out in subclause   9(1) of Schedule   2.

  (5)   A temporary community broadcasting licensee must not breach a condition of the licence set out in subclause   9(1) (other than paragraph   9(1)(h)) of Schedule   2.

  (6)   A person who provides a subscription radio broadcasting service, a subscription narrowcasting service or an open narrowcasting service must not breach a condition set out in subclause   11(1) of Schedule   2.

Civil penalty

  (7)   Subsections   (1), (2), (3), (4), (5) and (6) are civil penalty provisions.

Continuing breaches

  (8)   A person who contravenes a provision of this section commits a separate contravention of that provision in respect of each day (including a day of the making of a relevant civil penalty order or any subsequent day) during which the contravention continues.



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