Commonwealth Consolidated Acts

BROADCASTING SERVICES ACT 1992 - SECT 121FB

  (1)   If the ACMA:

  (a)   is satisfied that an applicant under subsection   121FA(1) for an international broadcasting licence is registered as a company under Part   2A.2 of the Corporations Act 2001 ; and

  (b)   does not decide that subsection   121FC(1) applies to the applicant;

the ACMA must:

  (c)   refer the application to the Minister for Foreign Affairs; and

  (d)   give the Minister for Foreign Affairs a report about whether the proposed international broadcasting service concerned complies with the international broadcasting guidelines.

  (2)   If the ACMA:

  (a)   is not satisfied that an applicant under subsection   121FA(1) for an international broadcasting licence is registered as a company under Part   2A.2 of the Corporations Act 2001 ; or

  (b)   decides that subsection   121FC(1) applies to an applicant under subsection   121FA(1) for an international broadcasting licence;

the ACMA must refuse to allocate an international broadcasting licence to the applicant.

  (3)   If, under subsection   (2), the ACMA refuses to allocate an international broadcasting licence to an applicant, the ACMA must give written notice of the refusal to the applicant.

  (4)   If an application for an international broadcasting licence is made under subsection   121FA(1), the ACMA must make reasonable efforts to either:

  (a)   take action under subsection   (1) of this section; or

  (b)   refuse to allocate the licence;

within 30 days after the application was made.

  (5)   If the ACMA:

  (a)   is satisfied that an applicant under subsection   121FA(1A) for an international broadcasting licence is a company; and

  (b)   does not decide that subsection   121FC(1) applies to the applicant;

the ACMA must:

  (c)   refer the application to the Minister for Foreign Affairs; and

  (d)   give the Minister for Foreign Affairs a report about whether the proposed international broadcasting service concerned complies with the international broadcasting guidelines.

  (6)   If the ACMA:

  (a)   is not satisfied that an applicant under subsection   121FA(1A) for an international broadcasting licence is a company; or

  (b)   decides that subsection   121FC(1) applies to an applicant under subsection   121FA(1A) for an international broadcasting licence;

the ACMA must refuse to allocate an international broadcasting licence to the applicant.

  (7)   If, under subsection   (6), the ACMA refuses to allocate an international broadcasting licence to an applicant, the ACMA must give written notice of the refusal to:

  (a)   the applicant; and

  (b)   the holder of the nominated broadcaster declaration concerned.

  (8)   If an application for an international broadcasting licence is made under subsection   121FA(1A), the ACMA must make reasonable efforts to either:

  (a)   take action under subsection   (5) of this section; or

  (b)   refuse to allocate the licence;

within 30 days after the application was made.