Commonwealth Consolidated Acts

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BROADCASTING SERVICES ACT 1992 - SECT 121FLC

Making a nominated broadcaster declaration

             (1)  After considering the application, the ACMA must declare in writing that the provision of the international broadcasting service by the content provider is nominated in relation to the transmitter licence or proposed transmitter licence, if the ACMA is satisfied that:

                     (a)  either:

                              (i)  the content provider holds an international broadcasting licence that authorises the provision of the international broadcasting service; or

                             (ii)  the content provider does not hold such a licence but, if the declaration were made, the transmission provider or another person will, within 60 days after the making of the declaration, apply under subsection 121FA(1A), on behalf of the content provider, for an international broadcasting licence that authorises the provision of the international broadcasting service by the content provider; and

                     (b)  the transmission provider intends to transmit the international broadcasting service on behalf of the content provider; and

                     (c)  the transmission provider is registered as a company under Part 2A.2 of the Corporations Act 2001 ; and

                     (d)  if the declaration were made, the transmission provider would be in a position to comply with all of the obligations imposed on the transmission provider under section 121FLE.

             (2)  The ACMA must give a copy of the declaration to:

                     (a)  the transmission provider; and

                     (b)  the content provider.

             (3)  If the ACMA refuses to make a nominated broadcaster declaration, the ACMA must give written notice of the refusal to:

                     (a)  the transmission provider; and

                     (b)  the content provider.

             (4)  If an application is made for a nominated broadcaster declaration, the ACMA must make reasonable efforts to:

                     (a)  make the declaration under subsection (1); or

                     (b)  refuse to make the declaration;

within 30 days after the application is made.

             (5)  This Part does not prevent the ACMA from making more than one nominated broadcaster declaration in relation to a particular international broadcasting service, so long as each declaration relates to a different transmitter licence or proposed transmitter licence.



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