Commonwealth Consolidated Acts

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BROADCASTING SERVICES ACT 1992 - SECT 67

Applications for prior approval of temporary breaches

             (1)  A person may, before a transaction takes place or an agreement is entered into that would place a person in breach of a provision of Division 2 or 3, make an application to the ACMA for an approval of the breach.

             (2)  An application is to be made in accordance with a form approved in writing by the ACMA.

             (3)  If the ACMA considers that additional information is required before the ACMA can make a decision on an application, 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)  If, after receiving an application, the ACMA is satisfied that:

                     (a)  if the transaction took place or the agreement was entered into, it would place a person in breach of a provision of Division 2 or 3; and

                     (b)  the person will take action to ensure that the breach of that provision ceases; and

                     (c)  the breach is incidental to the objectives of the transaction or agreement;

the ACMA may, by notice in writing given to the applicant, approve the breach arising as a result of the transaction or agreement and specify a period during which action must be taken to ensure that the breach ceases, being a period that commences on the day on which the transaction takes place or the agreement is entered into.

             (5)  The period specified in the notice must be 6 months, one year or 2 years.

             (6)  The ACMA may specify in a notice the action that the ACMA considers the person is to take so that the person is no longer in breach of the relevant provision.

             (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;

approve or refuse to approve the breach arising as a result of the transaction or agreement, the ACMA is to be taken to have approved the breach and allowed a period of 2 years before which the breach must cease.



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