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BROADCASTING SERVICES ACT 1992 - SECT 61AP

Extension of time for compliance with remedial direction

             (1)  A person who has been given a direction under section 61AN may, within 3 months before the end of the period specified in the direction but not less than one month before the end of that period, apply in writing to the ACMA for an extension of that period.

             (2)  An application for an extension cannot be made if the period specified in the direction was one month.

             (3)  In the case of a direction under section 61AN, the ACMA may grant an extension if it is of the opinion that:

                     (a)  an unacceptable media diversity situation is likely to cease to exist in the licence area concerned within 3 months after the end of the period specified in the direction under section 61AN; and

                     (b)  the applicant acted in good faith; and

                     (c)  an extension is appropriate in all the circumstances.

             (4)  If the ACMA considers that additional information is required before the ACMA can make a decision on an application, the ACMA may, by written notice given to the applicant within 30 days after receiving the application, request the applicant to provide that information.

             (5)  The ACMA must not grant more than one extension, and the period of any extension must not exceed 3 months.

             (6)  In deciding whether to grant an extension to a person, the ACMA is to have regard to:

                     (a)  the endeavours that the applicant made in attempting to comply with the direction; and

                     (b)  the difficulties experienced by the applicant in attempting to comply with the direction; and

                     (c)  the seriousness of the situation that led to the giving of the direction under section 61AN;

but the ACMA must not have regard to any financial disadvantage that compliance with the direction may cause.

             (7)  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;

extend the period or refuse to extend the period originally specified in the direction, the ACMA is to be taken to have extended that period by 3 months.

             (8)  If the ACMA refuses to approve an application made under subsection (1), the ACMA must give written notice of the refusal to the applicant.



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