Commonwealth Consolidated Acts

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BROADCASTING SERVICES ACT 1992 - SECT 41

When persons are regarded as suitable

             (1)  For the purposes of this Part, a company is a suitable licensee or a suitable applicant for a licence if the ACMA has not decided that subsection (2) applies to the company.

             (2)  The ACMA may, if it is satisfied that allowing a particular company to provide or continue to provide commercial broadcasting services under a licence would lead to a significant risk of:

                     (a)  an offence against this Act or the regulations being committed; or

                    (aa)  a breach of a civil penalty provision occurring; or

                     (b)  a breach of the conditions of the licence occurring;

decide that this subsection applies to the company.

             (3)  In deciding whether such a risk exists, the ACMA is to take into account:

                     (a)  the business record of the company; and

                     (b)  the company's record in situations requiring trust and candour; and

                     (c)  the business record of each person who is, or would be, if a licence were allocated to the applicant, in a position to control the licence; and

                     (d)  the record in situations requiring trust and candour of each such person; and

                     (e)  whether the company, or a person referred to in paragraph (c) or (d), has been convicted of an offence against this Act or the regulations; and

                      (f)  whether a civil penalty order has been made against:

                              (i)  the company; or

                             (ii)  a person referred to in paragraph (c) or (d).

             (4)  This section does not affect the operation of Part VIIC of the Crimes Act 1914 (which includes provisions that, in certain circumstances, relieve persons from the requirement to disclose spent convictions and require persons aware of such convictions to disregard them).



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