Commonwealth Consolidated Acts

BROADCASTING SERVICES ACT 1992 - SECT 66

  (1)   If:

  (a)   a transaction takes place that places a person in breach of a provision of Division   2 or 3; and

  (b)   the person knew, or ought reasonably to have known, that a result of the transaction would be to place the person in breach of a provision of Division   2 or 3; and

  (c)   the person was a party to the transaction or was in a position to prevent the transaction taking place; and

  (d)   the ACMA has not approved the breach under section   67;

the person commits an offence.

Penalty:

  (e)   if the breach relates to a commercial television broadcasting licence--20,000 penalty units; or

  (f)   if the breach relates to a commercial radio broadcasting licence--2,000 penalty units.

  (1A)   In a prosecution for an offence against subsection   (1), it is not necessary to prove that the defendant knew that the provision breached was a provision of Division   2 or 3.

  (2)   A person who breaches subsection   (1) commits a separate offence in respect of each day (including a day of a conviction under this subsection or any subsequent day) during which the breach of Division   2 or 3 continues.

  (3)   A prosecution for an offence under this section against a person in relation to a transaction cannot be commenced if the ACMA has given the person a notice under section   70 in relation to the transaction and the time for compliance with the notice has not expired.