Commonwealth Consolidated Acts

TELECOMMUNICATIONS ACT 1997 - SECT 494

  (1)   This section applies to a hearing conducted under this Division.

  (2)   If the hearing, or a part of the hearing, takes place in private, the ACMA:

  (a)   must give directions as to the persons who may be present at the hearing or the part of the hearing; and

  (b)   may give directions restricting the disclosure of evidence or other material presented at the hearing or the part of the hearing.

  (3)   A person must not fail to comply with a direction under subsection   (2).

  (4)   A person commits an offence if:

  (a)   the ACMA has given a direction under paragraph   (2)(a); and

  (b)   the person engages in conduct; and

  (c)   the person's conduct contravenes the direction.

Penalty:   10 penalty units.

  (5)   A person commits an offence if:

  (a)   the ACMA has given a direction under paragraph   (2)(b); and

  (b)   the person engages in conduct; and

  (c)   the person's conduct contravenes the direction.

Penalty:   50 penalty units.

  (6)   Subsections   (3), (4) and (5) do not apply if the person has a reasonable excuse.

Note:   A defendant bears an evidential burden in relation to the matter in subsection   (6) (see subsection   13.3(3) of the Criminal Code ).

  (7)   In this section:

"engage in conduct" means:

  (a)   do an act; or

  (b)   omit to perform an act.