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BROADCASTING SERVICES ACT 1992 - SECT 121FLG

Revocation of nominated broadcaster declaration

  (1)   The ACMA must, by writing, revoke a nominated broadcaster declaration relating to the provision of an international broadcasting service by a person (the content provider ) if the ACMA is satisfied that:

  (a)   the holder of the declaration is neither transmitting, nor proposing to transmit, the international broadcasting service on behalf of the content provider; or

  (b)   the holder of the declaration is involved, or proposes to become involved, in the selection or provision of programs to be transmitted on the international broadcasting service; or

  (c)   the holder of the declaration is not registered as a company under Part   2A.2 of the Corporations Act 2001 .

  (2)   The ACMA must, by writing, revoke a nominated broadcaster declaration relating to the provision of an international broadcasting service by a person (the content provider ) if the ACMA is satisfied that:

  (a)   at the time the declaration was made, there was no international broadcasting licence that authorised the provision of the international broadcasting service by the content provider; and

  (b)   either:

  (i)   no application was made under subsection   121FA(1A) for such a licence within 60 days after the making of the declaration; or

  (ii)   an application for such a licence was made under subsection   121FA(1A) within 60 days after the making of the declaration, but the application was refused.

  (3)   The ACMA must, by writing, revoke a nominated broadcaster declaration relating to the provision of an international broadcasting service by a person (the content provider ) if:

  (a)   the holder of the declaration; or

  (b)   the content provider;

gives the ACMA a written notice stating that the holder of the declaration, or the content provider, does not consent to the continued operation of the declaration.

  (4)   The ACMA must give a copy of the revocation to:

  (a)   the person who held the declaration; and

  (b)   the content provider.

  (5)   A revocation under subsection   (1), (2) or (3) takes effect on the date specified in the revocation.

  (6)   The ACMA must not revoke a nominated broadcaster declaration under subsection   (1) or (2) unless the ACMA has first:

  (a)   given the holder of the declaration a written notice:

  (i)   setting out a proposal to revoke the declaration; and

  (ii)   inviting the holder of the declaration to make a submission to the ACMA on the proposal; and

  (b)   given the content provider a written notice:

  (i)   setting out a proposal to revoke the declaration; and

  (ii)   inviting the content provider to make a submission to the ACMA on the proposal; and

  (c)   considered any submission that was received under paragraph   (a) or (b) within the time limit specified in the notice concerned.

  (7)   A time limit specified in a notice under subsection   (6) must run for at least 7 days.

  (8)   A person must not enter into a contract or arrangement under which the person or another person is:

  (a)   prevented from giving a notice under subsection   (3); or

  (b)   subject to any restriction in relation to the giving of a notice under subsection   (3).

  (9)   A contract or arrangement entered into in contravention of subsection   (8) is void.


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