Document ID: chunk:federal_register_of_legislation:C2025C00023:clause:6_53
Version: federal_register_of_legislation:C2025C00023
Segment Type: clause
Provision Reference: sch 6 cl 53
Character Range: 1013104–1015027

53  Remedial directions—breach of conditions
 (1) If a datacasting licensee has breached, or is breaching, a condition of the licence (other than the condition set out in clause 25), the ACMA may, by written notice given to the licensee, direct the licensee to take action directed towards ensuring that the licensee does not breach the condition, or is unlikely to breach the condition, in the future.
 (2) The following are examples of the kinds of direction that may be given to a licensee under subclause (1):
 (a) a direction that the licensee implement effective administrative systems for monitoring compliance with a condition of the licence;
 (b) a direction that the licensee implement a system designed to give the licensee's employees, agents and contractors a reasonable knowledge and understanding of the requirements of a condition of the licence, in so far as those requirements affect the employees, agents or contractors concerned.
 (3) A person is not required to comply with a notice under subclause (1) until the end of the period specified in the notice. That period must be reasonable.
 (4) A person commits an offence if:
 (a) a person has been given a notice under subclause (1); and
 (b) the person intentionally engages in conduct; and
 (c) the person's conduct contravenes a requirement in the notice.
Penalty: 20,000 penalty units.
 (5) A person who contravenes subclause (4) commits a separate offence in respect of each day (including a day of a conviction for the offence or any later day) during which the contravention continues.
 (6) A person must comply with a notice under subclause (1).
 (7) Subclause (6) is a civil penalty provision.
 (8) A person who contravenes subclause (6) 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.