Commonwealth Consolidated Acts

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RADIOCOMMUNICATIONS ACT 1992 - SECT 212

ACMA may issue directions

  (1)   If the ACMA:

  (a)   receives a conciliator's report in relation to a matter under paragraph   208(c); and

  (b)   is satisfied that, in order to prevent the disputed conduct to which the matter relates from causing:

  (i)   interference, or risk of interference, to radiocommunications; or

  (ii)   any other disruption or disturbance, or risk of disruption or disturbance, to radiocommunications;

    a person to whom this section applies must take specified action, or refrain from taking specified action;

the ACMA may issue a written direction to the person to take that action within a specified period, or to refrain from taking that action, as the case may be.

  (2)   In issuing a direction the ACMA must have regard to the conciliator's report.

  (3)   This section applies to any of the following persons:

  (a)   a person who has engaged, is engaging or proposes to engage in the disputed conduct in question;

  (b)   if the matter in question arose as a result of a complaint under subsection   205(1)--the complainant.

  (4)   A reference in this section to being engaged in conduct includes a reference to being involved in, or contributing to, that conduct.

  (5)   If the ACMA issues a direction to a person, it must give the person notice of the reasons for that direction.

Note:   A decision to issue a direction is reviewable under Part   5.6.



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