Commonwealth Consolidated Acts

BROADCASTING SERVICES ACT 1992 - SECT 215

ACMA's enforcement powers etc.

  (1)   In exercising a power conferred on the ACMA by:

  (a)   Division   4 of Part   8B; or

  (b)   Part   10, 13, 14B, 14C or 14D; or

  (c)   Part   8 of Schedule   6;

the ACMA must have regard to any relevant guidelines in force under subsection   (4).

Power to give infringement notices

  (2)   In exercising a power conferred on an authorised infringement notice officer by Part   14E, the officer must have regard to any relevant guidelines in force under subsection   (4).

Referrals to Director of Public Prosecutions

  (3)   In deciding whether to refer a matter to the Director of Public Prosecutions for action in relation to a possible offence against this Act, the ACMA must have regard to any relevant guidelines in force under subsection   (4).

Formulation of guidelines

  (4)   The ACMA may, by legislative instrument, formulate guidelines for the purposes of subsections   (1), (2) and (3).

Note:   For consultation requirements, see section   17 of the Legislation Act 2003 .

  (5)   The ACMA must ensure that guidelines relating to the powers conferred on the ACMA by:

  (a)   Division   4 of Part   8B; or

  (b)   Part   10, 14B or 14D; or

  (c)   Part   8 of Schedule   6;

are in force under subsection   (4) at all times after the commencement of this section.

  (6)   The ACMA must ensure that guidelines relating to the powers conferred on an authorised infringement notice officer by Part   14E are in force under subsection   (4) at all times after the commencement of this section.