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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