233
(7)
No
modification of the broadcasting code shall be effective
unless approved by the Minister and published in the Gazette.
Co-enforcement procedures
41.
(1)
In any case in which the Authority, either on its own motion or
in response to a complaint, has reason to believe that a broadcasting licensee
has contravened any provision of the broadcasting code, the Authority shall
refer the matter to the Panel.
(2)
The Panel shall establish written procedures for the resolution
of disputes. These procedures shall ensure that (a)
(b)
(3)
a licensee against whom a complaint has been made
will receive notice and an opportunity to respond; and
any recommendation to the Authority will be made
based solely on the record compiled by the Panel.
The Panel shall resolve all disputes referred to it and a resolu-
tion may include (a)
withdrawal of the complaint;
(b)
issuance of a retraction, clarification or apology;
(c)
adoption of a corrective action plan;
(d)
payment of restitution; and
(e)
a fine payable to the Authority.
(4)
If the Panel is unable to resolve any dispute, within 90 days of
the date on which it receives a complaint, the Panel shall refer the matter to the
Authority in a written report (a)
summarising the relevant facts, as determined by the
Panel;
(b)
providing recommendations for the resolution of the