BROADCASTING SERVICES ACT 1992 - SECT 215 Guidelines relating to ACMA's enforcement powers etc.
BROADCASTING SERVICES ACT 1992 - SECT 215
Guidelines relating to ACMA's enforcement powers etc.ACMA's enforcement powers etc.
(1) In exercising a power conferred on the ACMA by:
(b) Part 10, 13, 14B, 14C or 14D; or
the ACMA must have regard to any relevant guidelines in force under subsection (4).
Power to give infringement notices
(2) In exercising a power conferred on an authorised infringement notice officer by Part 14E, the officer must have regard to any relevant guidelines in force under subsection (4).
Referrals to Director of Public Prosecutions
(3) In deciding whether to refer a matter to the Director of Public Prosecutions for action in relation to a possible offence against this Act, the ACMA must have regard to any relevant guidelines in force under subsection (4).
Formulation of guidelines
(4) The ACMA may, by legislative instrument, formulate guidelines for the purposes of subsections (1), (2) and (3).
Note: For consultation requirements, see section 17 of the Legislation Act 2003 .
(5) The ACMA must ensure that guidelines relating to the powers conferred on the ACMA by:
are in force under subsection (4) at all times after the commencement of this section.
(6) The ACMA must ensure that guidelines relating to the powers
conferred on an authorised infringement notice officer by Part 14E are
in force under subsection (4) at all times after the commencement of
this section.