Commonwealth Consolidated Acts

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BROADCASTING SERVICES ACT 1992 - SECT 121FC

Unsuitable applicant

  (1)   The ACMA may, if it is satisfied that allowing a particular company to provide an international broadcasting service under an international broadcasting licence would lead to a significant risk of:

  (a)   an offence against this Act or the regulations being committed; or

  (aa)   a breach of a civil penalty provision occurring; or

  (b)   a breach of the conditions of the licence occurring;

decide that this subsection applies to the company.

  (2)   In deciding whether such a risk exists, the ACMA is to take into account:

  (a)   the business record of the company; and

  (b)   the company's record in situations requiring trust and candour; and

  (c)   the business record of each person who is, or would be, if an international broadcasting licence were allocated to the company, in a position to control the licence; and

  (d)   the record in situations requiring trust and candour of each such person; and

  (e)   whether the company, or a person referred to in paragraph   (c) or (d), has been convicted of an offence against this Act or the regulations; and

  (f)   whether a civil penalty order has been made against:

  (i)   the company; or

  (ii)   a person referred to in paragraph   (c) or (d).


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