Document ID: chunk:federal_register_of_legislation:F2021L01123:reg:4:p1
Version: federal_register_of_legislation:F2021L01123
Segment Type: reg
Provision Reference: reg 4 (pt 1/12)
Character Range: 469–3529

4  Revocation
5 Definitions and interpretation
6 Introduction
7 Types of enforcement action available to the ACMA
8 Public comment and publication of enforcement action
9 Exercising enforcement powers
10 Suspension and cancellation of licences
11 Remedial directions
12 Enforceable undertakings
13 Infringement notices
14 Institution of civil proceedings
15 Referral of matters to the CDPP
16 Form of publicity and public comment

1 Name of instrument
     This instrument is the Broadcasting Services – Enforcement Guidelines of the ACMA 2021 (the guidelines).

2 Commencement
     The guidelines commence on the day after they are registered on the Federal Register of Legislation.

Note:          The Federal Register of Legislation may be accessed at www.legislation.gov.au.

3 Authority

    The guidelines are made under subsection 215(4) of the Broadcasting Services Act 1992.

4 Revocation

    The Guidelines relating to the ACMA's enforcement powers under the Broadcasting Services Act 1992 dated 26 August 2011 (Registration No. F2011L01778) are revoked.

5 Definitions and interpretation

    5.1 In these guidelines:

     ACCC means the Australian Competition and Consumer Commission.

    ACMA means the Australian Communications and Media Authority.

    ACMA Act means the Australian Communications and Media Authority Act 2005.

    BSA means the Broadcasting Services Act 1992.

    BSA code means an industry code of practice registered by the ACMA under the Broadcasting Services Act 1992.

    CDPP means the Commonwealth Director of Public Prosecutions.

    5.2. Unless the contrary intention appears, expressions used in the guidelines and the BSA have the same meaning in the guidelines as they have in the BSA.

    5.3 In these guidelines, unless the contrary intention appears, a reference to any other legislative instrument is a reference to that other legislative instrument as in force from time to time.

         Note 1:  For references to Commonwealth Acts, see section 10 of the Acts Interpretation Act 1901; and see also subsection 13(1) of the Legislation Act 2003 for the application of the Acts Interpretation Act 1901 to legislative instruments.

         Note 2:  All Commonwealth Acts and legislative instruments are registered on the Federal Register of Legislation.

6 Introduction

    6.1 The ACMA is an independent statutory authority established under section 6 of the ACMA Act. The ACMA's broadcasting, content and datacasting functions are set out in section 10 of that Act.

    6.2 Section 5 of the BSA charges the ACMA with responsibility for monitoring the broadcasting industry and a number of related industries, and notes that the ACMA has conferred on it a range of functions and powers that are to be used in a manner that, in the opinion of the ACMA, will:

                 produce regulatory arrangements that are stable and predictable; and

                 deal effectively with breaches of the rules established by the BSA.

    6.3 Subsection 215(4) of the BSA provides that the ACMA