Commonwealth Consolidated Acts

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BROADCASTING SERVICES ACT 1992 - SECT 143

Suspension and cancellation

  (1)   If a commercial television broadcasting licensee, a commercial radio broadcasting licensee, a subscription television broadcasting licensee or a community broadcasting licensee:

  (a)   fails to comply with a notice under section   141; or

  (b)   breaches a condition of the licence;

the ACMA may, by notice in writing given to the person:

  (c)   suspend the licence for such period, not exceeding 3 months, as is specified in the notice; or

  (d)   cancel the licence.

  (1A)   If:

  (a)   a subscription television broadcasting licensee provides a subscription TV drama service (within the meaning of Division   2A of Part   7); and

  (b)   the licence is suspended because of a breach of a condition set out in that Division;

the ACMA may take such action, by way of suspending one or more subscription television broadcasting licences held by:

  (c)   the licensee; or

  (d)   a related body corporate of the licensee;

as the ACMA considers necessary to ensure that the same, or a substantially similar, service is not transmitted by the licensee or the related body corporate, as the case may be, during the period of suspension.

  (1B)   If:

  (a)   a subscription television broadcasting licensee provides a subscription TV drama service (within the meaning of Division   2A of Part   7); and

  (b)   the licence is cancelled because of a breach of a condition set out in that Division;

the ACMA may take such action, by way of cancelling one or more subscription television broadcasting licences held by:

  (c)   the licensee; or

  (d)   a related body corporate of the licensee;

as the ACMA considers necessary to ensure that the same, or a substantially similar, service is not transmitted by the licensee or the related body corporate, as the case may be, at a time after the cancellation.

  (2)   If the ACMA proposes to take action under subsection   (1), (1A) or (1B) the ACMA must give to the person:

  (a)   written notice of its intention; and

  (b)   a reasonable opportunity to make representations to the ACMA in relation to the proposed action.

  (3)   In this section:

"related body corporate" has the same meaning as in the Corporations Act 2001 .


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