Commonwealth Consolidated Acts

BROADCASTING SERVICES (TRANSITIONAL PROVISIONS AND CONSEQUENTIAL AMENDMENTS) ACT 1992 - SECT 24

             (1)  Any directions given by the Tribunal under Division 4 of Part IIIBA of the Broadcasting Act ( the Part ), and any orders by the Federal Court of Australia under that Division, in force immediately before the commencement of this Act are, to the extent tp which the directions or orders are necessary to ensure compliance with the new Act, enforceable as if the Part had remained in force.

             (2)  The ABA has the same power to amend or revoke a direction referred to in subsection (1) as the Tribunal would have had if the Part had remained in force.

             (3)  The ABA has the same power to grant an extension of time under subsection 92N(2B) of the Broadcasting Act as the Tribunal would have had if the Part had remained in force.

             (4)  The ABA has the same power to apply to the Federal Court of Australia for an order in respect of a direction referred to in subsection (1) as the Tribunal would have had, and the Court has the same jurisdiction to make such an order as the Court would have had, if the Part had remained in force.

             (5)  Subsection (4) applies in like manner in relation to a direction amended by the ABA under subsection (2) as it applies in relation to a direction referred to in subsection (1).

             (6)  A person who contravenes or fails to comply with a direction referred to in subsection (1) is guilty of an offence and is punishable on conviction as if the Part had not been repealed.

             (7)  A person who contravenes or fails to comply with a direction referred to in subsection (1) as amended by the ABA under subsection (2) is guilty of an offence and is punishable on conviction as if the Part had not been repealed and the contravention or failure to comply was a contravention or failure to comply with a direction referred to in subsection (1).

             (8)  Charges against the same person for any number of offences against subsection (6) or (7) may be joined in the same summons if those offences relate to doing or failing to do the same act or thing.

             (9)  If a person is convicted of 2 or more offences referred to in subsection (6) or (7), being offences related to doing or failing to do the same act or thing, the court may impose one penalty in respect of both or all of those offences but that penalty must not exceed the sum of the maximum penalties that could be imposed if a penalty were imposed in respect of each offence separately.

           (10)  An offence under this section may be prosecuted at any time.

           (11)  A prosecution for such an offence may be brought only in the Federal Court of Australia.

           (12)  Jurisdiction is conferred on the Federal Court of Australia to hear and determine prosecutions so brought.