Guidelines relating to ACMA’s enforcement powers under the Broadcasting Services Act 1992
Supplementary Explanatory Statement
LEGISLATIVE INSTRUMENTS ACT 2003
Section 26 – Supplementary Explanatory Statement
Guidelines relating to ACMA’s enforcement powers under the Broadcasting Services Act 1992
On 25 January 2007, the Australian Communications & Media Authority (ACMA) made the Guidelines relating to ACMA’s enforcement powers under the Broadcasting Services Act 1992 (guidelines). These guidelines are formulated for the purpose of subsections 215(1), 215(2) and 215(3) of the Broadcasting Services Act 1992 (the BSA).
Regard will be had to these guidelines in deciding whether to refer a matter to the Commonwealth Director of Public Prosecutions (CDPP) for action in relation to a possible offence against the BSA or when ACMA exercises a power conferred by the following provisions of the BSA:
- Division 4 of Part 8B;
- Part 10, 14B, and 14D; and
- Part 8 of Schedule 6 (Remedies for breaches of licensing provisions – datacasting).
Relevant parts will also be had regard to by authorised infringement notice officers when exercising a power conferred by Part 14E of the BSA. There is other enforcement action available to ACMA which is outside the scope of these guidelines.
Registration and commencement
The guidelines commenced on 4 February 2007. They were registered on the Federal Register of Legislative Instruments on 6 February 2007.
Although the commencement date of the instrument is prior to the registration date, the instrument has effect from its commencement date because it does not create any liabilities, or affect the rights of any person in a way that might disadvantage them.
The Guidelines simply set out the issues that ACMA will have regard to when exercising some of its enforcement powers, and note some procedural matters about those powers.
As a result, this instrument is not affected by subsection 12(2) of the Legislative Instruments Act 2003.