Broadcasting Services Act 1992

If:

a transaction takes place that places a person in breach of a provision of Division 2 or 3; and

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

the person was a party to the transaction or was in a position to prevent the transaction taking place; and

the ACMA has not approved the breach under section 67;

if the breach relates to a commercial television broadcasting licence—20,000 penalty units; or

if the breach relates to a commercial radio broadcasting licence—2,000 penalty units.

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.

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.

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.