ACMA has wide-ranging powers to obtain information if it begins an investigation as a result of its monitoring or in response to a complaint. These include the powers to issue notices requiring the production of documents, to examine witnesses under oath and to hold public hearings.
Action by ACMA in response to breaches of control and ownership rules
If ACMA is satisfied that there has been a breach of provisions relating to the limitations on the statutory control rules or the media diversity rules and directorships (Part 5, Division 2, 3, 4 or 5), then ACMA direct a person to remedy a breach within a specified time period. Depending on the circumstances of the breach, the period can be one month, 6 months, one year or 2 years.
A person can apply for an extension of time to remedy the breach 3 months before the end of the period specified by ACMA. An application for an extension cannot be made if the period specified in the notice was one month. ACMA must decide whether to grant or refuse the extension within 45 days after receiving the application or (if requested by ACMA) after receiving further information from the applicant.
Failure to comply with notices issued under section 70 is an offence under section 72 of the Act.