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BROADCASTING SERVICES ACT 1992 - SECT 204

Appeals to the Administrative Appeals Tribunal

Decisions under this Act

             (1)  Subject to this section, an application may be made to the Administrative Appeals Tribunal for a review of a decision set out in column 1 of the table made under the provision of this Act set out in column 2, but such an application may only be made by the person described in column 3.

TABLE

Column 1
Decision

Column 2
Provision

Column 3
Person who may apply

Refusal to allocate an additional licence

Section 38A

The licensee

Refusal to allocate an additional licence

Section 38B

The applicant

Cancellation of licence

Section 38C

The licensee

Refusal to allocate licence

Subsection 40(1)

The applicant

Direction that a licence not be allocated under subsection 40(1)

Subsection 40(7)

The applicant

That a person is not a suitable applicant or licensee (Commercial)

Subsection 41(2)

The person

Variation of licence conditions or imposition of new conditions (Commercial)

Subsection 43(1)

The licensee

To enter a newspaper in Register

Subsection 59(3)

The publisher of a newspaper or a commercial television broadcasting licensee in the relevant licence area

Refusal to remove newspaper from Register

Subsection 59(4)

The publisher of a newspaper or a commercial television broadcasting licensee in the relevant licence area

To enter a newspaper in Register

subsection 59(4A)

The publisher of a newspaper or a commercial radio broadcasting licensee in the relevant licence area

Refusal to remove newspaper from Register

subsection 59(4B)

The publisher of a newspaper or a commercial radio broadcasting licensee in the relevant licence area

Refusal to approve transaction or determination of period of approval

Section 61AJ

The applicant for approval

Refusal to extend time for compliance

Section 61AK

The applicant

Refusal to extend time for compliance

Section 61AP

The applicant

To affirm or revoke a decision made under subsection 61AZE(1)

Section 61AZF

A person whose interests are affected by the decision made under subsection 61AZE(1)

Refusal to approve temporary breach or determination of period of approval

Subsection 67(4)

The applicant for approval

Refusal to extend time for compliance

Subsection 68(2)

The applicant

Refusal to extend time for compliance

Subsection 71(3)

The applicant

That a person is not a suitable applicant or licensee (Community)

Subsection 83(2)

The person

Variation of licence conditions or imposition of new conditions (Community)

Subsection 87(1)

The licensee

Refusal to approve the transfer of a community broadcasting licence

Section 91A

The applicant or the proposed transferee

That a person is not a suitable applicant or licensee (Temporary community)

Subsection 92D(2)

The person

Variation of licence conditions (other than timing conditions), imposition of new conditions or variation of licence period (Temporary community)

Section 92J

The licensee

Refusal to allocate licence

Subsection 96(1)

The applicant

That a person is not a suitable applicant or licensee

Subsection 98(2)

The person

Variation of conditions or imposition of new conditions

Subsection 99(2)

The licensee

Variation of class licence conditions or imposition of new conditions

Subsection 120(1)

A person operating under the class licence

Refusal of permission

Subsection 121E(1)

The subscription television broadcasting licensee or the related body corporate, as the case may be

Grant of permission

Subsection 121E(1)

A commercial television broadcasting licensee any part of whose licence area is included in the regional area

That subsection 121FC(1) applies to a company

Subsection 121FC(1)

The company

Cancellation of an international broadcasting licence

Subsection 121FK(1)

The licensee

Refusal to make a nominated broadcaster declaration

Section 121FLC

The transmission provider or the content provider

Revocation of a nominated broadcaster declaration

Section 121FLG

The holder of the declaration, or the content provider

Cancellation of an international broadcasting licence

Section 121FLH

The licensee

Refusal to include a code of practice in the Register

Subsection 123(4)

The relevant industry group

To make an exemption order or target reduction order

Section 130ZUA

A person whose interests are affected by the decision to make the exemption order or target reduction order

Refusal to make an exemption order or target reduction order

Section 130ZUA

The applicant

To make an exemption order or target reduction order

Section 130ZY

A person whose interests are affected by the decision to make the exemption order or target reduction order

Refusal to make an exemption order or target reduction order

Section 130ZY

The applicant

Suspension or cancellation of licence

Section 143

The licensee

Declaration that a person is a program supplier of a commercial television broadcasting licensee

Subsection 146D(4)

The person

Refusal to remit the whole or part of a late payment penalty

Subsection 205AF(3)

The person liable to pay the penalty

Refusal of permission

Subclause 7(2A) of Schedule 2

The licensee seeking the permission

Grant of permission

Subclause 7(2A) of Schedule 2

A commercial television broadcasting licensee where the provision of the services would occur in any part of that licensee's licence area

Refusal of permission

Subclause 8(3) of Schedule 2

The licensee seeking the permission

Grant of permission

Subclause 8(3) of Schedule 2

A commercial radio broadcasting licensee where the provision of the services would occur in any part of that licensee's licence area

Refusal of permission

Subclause 9(2A) of Schedule 2

The licensee seeking the permission

Grant of permission

Subclause 9(2A) of Schedule 2

A community broadcasting licensee where the provision of the services would occur in any part of that licensee's licence area

Refusal to make an exemption determination

Subclause 15(1) or (2) of Schedule 8

The provider of the online content service to which the determination relates

Variation of an exemption determination

Subclause 15(1) or (2) of Schedule 8

The provider of the online content service to which the determination relates

Revocation of an exemption determination

Subclause 15(1) or (2) of Schedule 8

The provider of the online content service to which the determination relates

Refusal to make an exemption determination

Subclause 15(3) or (4) of Schedule 8

The person to whom the determination relates

Variation of an exemption determination

Subclause 15(3) or (4) of Schedule 8

The person to whom the determination relates

Revocation of an exemption determination

Subclause 15(3) or (4) of Schedule 8

The person to whom the determination relates

To give a remedial direction

Subclause 26(2) of Schedule 8

The person to whom the direction was given

Variation of a remedial direction

Subclause 26(2) of Schedule 8

The person to whom the direction was given

Refusal to revoke a remedial direction

Subclause 26(2) of Schedule 8

The person to whom the direction was given

Decisions under a conditional access scheme registered under section 130ZCA

             (2)  An application may be made to the Administrative Appeals Tribunal for review of a decision set out in column 1 of the table, but such an application may only be made by the person described in column 2.

 

Reviewable decisions

 

Column 1

Column 2

Item

Decision

Person who may apply

1

Refusal to issue a reception certificate under a conditional access scheme registered under section 130ZCA

The applicant

2

Revocation of a reception certificate under a conditional access scheme registered under section 130ZCA

The holder of the reception certificate

Decisions under a gambling promotion program standard

             (3)  An application may be made to the Administrative Appeals Tribunal for review of a decision made by the ACMA under a gambling promotion program standard, so long as the standard provides that the decision is a reviewable decision for the purposes of this section.

Decisions under the online content service provider rules

             (4)  An application may be made to the Administrative Appeals Tribunal for review of a decision made by the ACMA under the online content service provider rules, so long as those rules provide that the decision is a reviewable decision for the purposes of this section.

Online content service provider rules

             (5)  In this section:

"online content service provider rules" has the same meaning as in Schedule 8.



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