Document ID: chunk:federal_register_of_legislation:C2021C00345:clause:6_267
Version: federal_register_of_legislation:C2021C00345
Segment Type: clause
Provision Reference: sch 6 cl 267
Character Range: 173470–176158

267  Simplified outline of this Part

         • If a person has contravened, or is contravening, a civil penalty provision of this Act, the ACMA may give the person a remedial direction.
         • A civil penalty provision of this Act is enforceable under Part 4 of the Regulatory Powers Act.
         • Infringement notices may be given under Part 5 of the Regulatory Powers Act for alleged contraventions of certain provisions of this Act.
         • The ACMA may accept an enforceable undertaking under Part 6 of the Regulatory Powers Act that relates to a provision of this Act.
         • Injunctions may be granted under Part 7 of the Regulatory Powers Act in relation to contraventions of certain provisions of this Act.
         • Forfeiture notices may be given for alleged contraventions of certain provisions of this Act.
         • A provision is subject to monitoring under Part 2 of the Regulatory Powers Act if it is:
             (a) an offence against Part 4.1 of this Act; or
             (b) a civil penalty provision of this Act; or
             (c) an offence against subsection 284J(8) of this Act.
         • Information given in compliance, or purported compliance, with subsection 284J(8) or a provision of Part 4.1 is subject to monitoring under Part 2 of the Regulatory Powers Act.
         • An offence against this Act, or a civil penalty provision of this Act, is subject to investigation under Part 3 of the Regulatory Powers Act.
         • Inspectors appointed under this Act have the following additional powers:
             (a) the power to give directions to a holder of an apparatus licence or a spectrum licence in relation to managing interference with radiocommunications;
             (b) the power to enter premises to adjust transmitters in emergencies;
             (c) the power to direct a person to operate a transmitter;
             (d) the power to require a person to produce an apparatus licence, a spectrum licence, a third party authorisation, a certificate or a permit;
             (e) the power to require a person to produce a copy of a record of an authorisation;
             (f) the power to require a person to produce a record the retention of which is required by the equipment rules.
         • A court may order the forfeiture to the Commonwealth of anything used, or otherwise involved, in:
             (a) the commission of an offence against this Act; or
             (b) a contravention of a civil penalty provision of this Act.
         • The ACMA may issue a public warning notice.
Note: Regulatory Powers Act means the Regulatory Powers (Standard Provisions) Act 2014 (see section 5).

Division 2—Enforcement