Document ID: chunk:federal_register_of_legislation:C2025C00023:clause:6_50
Version: federal_register_of_legislation:C2025C00023
Segment Type: clause
Provision Reference: sch 6 cl 50
Character Range: 1010131–1011561

50  Remedial directions—unlicensed datacasting services
 (1) If the ACMA is satisfied that a person has breached, or is breaching, subclause 49(3), the ACMA may, by written notice given to the person, direct the person to take action directed towards ensuring that the person does not breach that subclause, or is unlikely to breach that subclause, in the future.
Note 1: For exemptions for broadcasters, see clause 51.
Note 2: For exemptions for designated teletext services, see clause 51A.

Offence
 (2) A person commits an offence if:
 (a) the person has been given a notice under subclause (1); and
 (b) the person engages in conduct; and
 (c) the person's conduct contravenes a requirement in the notice.
Penalty: 20,000 penalty units.
 (3) A person who contravenes subclause (2) commits a separate offence in respect of each day (including a day of a conviction for the offence or any subsequent day) during which the contravention continues.

Civil penalty
 (4) A person must comply with a notice under subclause (1).
 (5) Subclause (4) is a civil penalty provision.
 (6) A person who contravenes subclause (4) commits a separate contravention of that subclause 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.

Definition
 (7) In this clause:
engage in conduct means:
 (a) do an act; or
 (b) omit to perform an act.