Document ID: chunk:federal_register_of_legislation:C2004A00770:clause:1_139
Version: federal_register_of_legislation:C2004A00770
Segment Type: clause
Provision Reference: sch 1 cl 139
Character Range: 10627–12749

139  Offence for breach of conditions of licences and class licences

 (1) A person is guilty of 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) of Schedule 2.

Penalty: 2,000 penalty units.

 (2) A person is guilty of 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, 103Z, 103ZM or 103ZN, or in subclause 10(1) of Schedule 2.

Penalty: 1,000 penalty units.

 (3) A person is guilty of 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) of Schedule 2.

Penalty: 500 penalty units.

 (4) A person is guilty of 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 is guilty of 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 is guilty of 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.