Document ID: chunk:federal_register_of_legislation:F2021L01123:reg:4:p6
Version: federal_register_of_legislation:F2021L01123
Segment Type: reg
Provision Reference: reg 4 (pt 6/12)
Character Range: 14199–17042

implementation within any time specified for compliance
               capable of being measured or tested objectively.

Time for compliance

    11.5 The time specified in the remedial direction will turn on the facts of the case, including the complexity and commercial sensitivity of the action which the ACMA directs must be taken. The time specified will:
               enable sufficient time for the recipient to take the specified action
               reflect the impact or egregiousness of the conduct or risk (for example, the greater the detriment to the public and/or risk of ongoing detriment, the greater the need for prompt action to be taken to minimise or ameliorate that detriment)
               be expressed in clear and unambiguous language.

Applications for an extension of time

    11.6 Section 61AP of the BSA expressly provides for applications for an extension of time in which to comply with a remedial direction issued by the ACMA under section 61AN (unacceptable media diversity situation).

    11.7 While there is no express power permitting the ACMA to grant an extension of time for compliance with a remedial direction issued under the other provisions of the BSA, the ACMA will consider an application for an extension of time for compliance. Whether a request will be granted will turn on the facts.

    11.8 An application for an extension of time should be made before the compliance date specified in the remedial direction. The basis for the request, as well as the extended period of time sought for compliance, should be specified. The application should be forwarded to the ACMA officer with whom the recipient of the direction has been dealing.

Non-compliance

    11.9 The ACMA may commence proceedings in the Federal Court if the ACMA considers that the person has breached a remedial direction. Breach of a remedial direction may also be a criminal offence: see section 142 of the BSA.

    Publication

    11.10  The ACMA's general approach is that it will publicise the giving of a remedial direction. See clauses 8 and 16.

12 Enforceable undertakings

    12.1 In appropriate circumstances, an enforceable undertaking can provide a flexible and effective remedy, in addition to, or in substitution for, other formal enforcement action that may be available to the ACMA.

    12.2 Under section 205W of the BSA, the ACMA is empowered to accept a written undertaking given by a person that the person will:
               take specified action to comply with the Act or a BSA code
               refrain from taking specified action to comply with the BSA or BSA code
               take specified action directed towards ensuring that the person does not contravene the BSA or BSA code, or is unlikely to contravene the Act or code, in the future.[1]

    12.3 It is a requirement