(1)

A licensee commits an offence if:

(a)

the licensee does not keep and maintain, in a recognised business or commercial form, financial accounts in relation to chargeable datacasting services provided by the licensee; or

(b)

the licensee does not make those accounts available for inspection by the ABA or an authorised officer when requested to do so; or

(c)

the licensee, within 6 months after the end of each charge calculation period, does not give the ABA:

(i)

an audited balance-sheet and an audited profit and loss account, in a form approved by the ABA, in relation to the chargeable datacasting services provided for that period; and

(ii)

a statutory declaration stating the gross earnings in relation to the chargeable datacasting services provided during that period; or

(d)

the licensee does not keep such records in respect of the chargeable datacasting services provided by the licensee as the ABA directs, and does not give copies of those records to the ABA when requested to do so.

Penalty:
250 penalty units.

(2) The declaration referred to in subparagraph (1) (c) (ii) must be made by the chief executive officer or secretary of the licensee.
(3) In this regulation:

"authorised officer" means a member, an associate member or a member of the staff of the ABA, authorised by the ABA in writing for the purposes of this section.