Document ID: chunk:federal_register_of_legislation:C2025C00023:section:66
Version: federal_register_of_legislation:C2025C00023
Segment Type: section
Provision Reference: s 66
Character Range: 290322–291720

66  Offence for breaches without approval
 (1) If:
 (a) a transaction takes place that places a person in breach of a provision of Division 2 or 3; and
 (b) the person knew, or ought reasonably to have known, that a result of the transaction would be to place the person in breach of a provision of Division 2 or 3; and
 (c) the person was a party to the transaction or was in a position to prevent the transaction taking place; and
 (d) the ACMA has not approved the breach under section 67;
the person commits an offence.
Penalty:
 (e) if the breach relates to a commercial television broadcasting licence—20,000 penalty units; or
 (f) if the breach relates to a commercial radio broadcasting licence—2,000 penalty units.
 (1A) In a prosecution for an offence against subsection (1), it is not necessary to prove that the defendant knew that the provision breached was a provision of Division 2 or 3.
 (2) A person who breaches subsection (1) commits a separate offence in respect of each day (including a day of a conviction under this subsection or any subsequent day) during which the breach of Division 2 or 3 continues.
 (3) A prosecution for an offence under this section against a person in relation to a transaction cannot be commenced if the ACMA has given the person a notice under section 70 in relation to the transaction and the time for compliance with the notice has not expired.