Document ID: chunk:federal_register_of_legislation:C2006A00120:clause:1_142
Version: federal_register_of_legislation:C2006A00120
Segment Type: clause
Provision Reference: sch 1 cl 142
Character Range: 21683–23763

142  Breach of remedial direction—offences

 (1) A person commits an offence if:
 (a) the person has been given a notice under section 141; and
 (b) the person is:
 (i) a commercial television broadcasting licensee; or
 (ii) in a position to exercise control of a commercial television broadcasting licence; and
 (c) the person engages in conduct; and
 (d) the person's conduct contravenes a requirement in the notice.

Penalty: 20,000 penalty units.

 (2) A person commits an offence if:
 (a) a person has been given a notice under section 141; and
 (b) the person is a subscription television broadcasting licensee; and
 (c) the person engages in conduct; and
 (d) the person's conduct contravenes a requirement in the notice.

Penalty: 2,000 penalty units.

 (3) A person commits an offence if:
 (a) the person has been given a notice under section 141; and
 (b) the person is:
 (i) a commercial radio broadcasting licensee; or
 (ii) in a position to exercise control of a commercial radio broadcasting licence; and
 (c) the person engages in conduct; and
 (d) the person's conduct contravenes a requirement in the notice.

Penalty: 500 penalty units.

 (4) A person commits an offence if:
 (a) the person has been given a notice under section 141; and
 (b) the person is not:
 (i) a commercial television broadcasting licensee; or
 (ii) in a position to exercise control of a commercial television broadcasting licence; or
 (iii) a subscription television broadcasting licensee; or
 (iv) a commercial radio broadcasting licensee; or
 (v) in a position to exercise control of a commercial radio broadcasting licence; and
 (c) the person engages in conduct; and
 (d) the person's conduct contravenes a requirement in the notice.

Penalty: 50 penalty units.

 (5) A person who contravenes subsection (1), (2), (3) or (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) In this section:

engage in conduct means:
 (a) do an act; or
 (b) omit to perform an act.