Commonwealth Consolidated Acts

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BROADCASTING SERVICES ACT 1992 - SECT 121FL

Formal warning, or cancellation or suspension of licence, where service is contrary to Australia's national interest

Formal warning

             (1)  If:

                     (a)  an international broadcasting service is provided under an international broadcasting licence; and

                     (b)  the Minister for Foreign Affairs is of the opinion that the service is contrary to Australia's national interest; and

                     (c)  the Minister for Foreign Affairs, by written notice given to the ACMA, directs the ACMA to issue a formal warning to the licensee;

the ACMA must issue a formal warning to the licensee.

Suspension of licence

             (3)  If:

                     (a)  an international broadcasting service is provided under an international broadcasting licence; and

                     (b)  the Minister for Foreign Affairs is of the opinion that the service is contrary to Australia's national interest; and

                     (c)  the Minister for Foreign Affairs, by written notice given to the ACMA, directs the ACMA to suspend the licence for the period specified in the direction;

the ACMA must suspend the licence for the period specified in the direction.

Cancellation of licence

             (5)  If:

                     (a)  an international broadcasting service is provided under an international broadcasting licence; and

                     (b)  the Minister for Foreign Affairs is of the opinion that the service is contrary to Australia's national interest; and

                     (c)  the Minister for Foreign Affairs, by written notice given to the ACMA, directs the ACMA to cancel the licence;

the ACMA must cancel the licence.

             (6)  If the Minister for Foreign Affairs proposes to direct the ACMA to cancel an international broadcasting licence, he or she must direct the ACMA to:

                     (a)  give the licensee written notice of his or her intention; and

                     (b)  give the licensee a reasonable opportunity to send a submission to the ACMA in relation to the proposed direction; and

                     (c)  forward any such submission to the Minister for Foreign Affairs.

Australia 's national interest

             (8)  For the purposes of this section, in determining whether an international broadcasting service is contrary to Australia's national interest, the Minister for Foreign Affairs must have regard to the effect of the service on Australia's international relations.

             (9)  For the purposes of this section, in determining whether an international broadcasting service is contrary to Australia's national interest, the Minister for Foreign Affairs may have regard to a report given by the ACMA under section 121FM. This subsection does not limit the material to which the Minister for Foreign Affairs may have regard.



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