Commonwealth Consolidated Acts

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BROADCASTING SERVICES ACT 1992 - SECT 21

Requests to ACMA to decide which category a broadcasting service falls into

             (1)  A person who is providing, or who proposes to provide, a broadcasting service may apply to the ACMA for an opinion as to which category, or categories, of broadcasting services the service falls into.

             (2)  An application must be in accordance with a form approved in writing by the ACMA, and must state the applicant's opinion as to which category, or categories, of broadcasting services the service falls into.

             (3)  If the ACMA considers that additional information is required before an opinion can be given, the ACMA may, by notice in writing given to the applicant within 30 days after receiving the application, request the applicant to provide that information.

             (4)  The ACMA must, as soon as practicable after:

                     (a)  receiving the application; or

                     (b)  if the ACMA has requested further information--receiving that further information;

give the applicant, in writing, its opinion as to which category, or categories, of broadcasting services the service falls into.

             (5)  If the ACMA has given an opinion under this section to the provider of a broadcasting service, neither the ACMA nor any other Government agency may, while the circumstances relating to the broadcasting service remain substantially the same as those advised to the ACMA in relation to the application for the opinion:

                     (a)  take any action against the provider of the service during the period of 5 years commencing on the day on which the opinion is given on the basis that the service falls into a different category, or different categories, of broadcasting services than that advised in the opinion; or

                     (b)  unless the ACMA has made a determination or clarification under section 19 after that opinion was given that places the broadcasting service in a different category or different categories--take any action against the provider of the service after the end of that period on the basis that the service falls into a different category, or different categories, of broadcasting services.

             (6)  If the ACMA does not, within 45 days after:

                     (a)  receiving the application; or

                     (b)  if the ACMA has requested further information--receiving that further information;

give the applicant, in writing, its opinion as to which category, or categories, of broadcasting services the service falls into, the ACMA is taken to have given an opinion at the end of that period that accords with the applicant's opinion.

             (7)  The ACMA may charge a fee for providing an opinion under this section.

             (8)  The ACMA must not give an opinion under this section that a particular broadcasting service falls into more than one category of broadcasting services unless one of the categories is international broadcasting services.

             (9)  A person must not, in an application under this section, state an opinion that a particular broadcasting service falls into more than one category of broadcasting services unless one of the categories is international broadcasting services.



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