130ZUB

Certain breaches to be disregarded

In force

(1)

If:

(a)

apart from this subsection, a commercial television broadcasting licensee has breached a provision of this Division; and

(b)

the breach is attributable to significant difficulties of a technical or engineering nature for the licensee; and

(c)

those difficulties could not reasonably have been foreseen by the licensee;

then the breach is to be disregarded in determining whether the licensee has complied with the provision.

(2)

If:

(a)

apart from this subsection, a national broadcaster has breached a provision of this Division; and

(b)

the breach is attributable to significant difficulties of a technical or engineering nature for the broadcaster; and

(c)

those difficulties could not reasonably have been foreseen by the broadcaster;

then the breach is to be disregarded in determining whether the broadcaster has complied with the provision.

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