Commonwealth Consolidated Acts

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BROADCASTING SERVICES ACT 1992 - SECT 92J

ACMA may vary conditions or periods, or impose new conditions

  (1)   The ACMA may, by notice in writing given to a temporary community broadcasting licensee:

  (a)   vary or revoke a condition of the licence (including a timing condition); or

  (b)   impose an additional condition on the licence; or

  (c)   vary the licence period.

  (2)   Without limiting subsection   (1), the ACMA may impose an additional condition on a licence:

  (a)   requiring the licensee to comply with a code of practice that is applicable to the licensee; or

  (b)   designed to ensure that a breach of a condition by the licensee does not recur.

  (3)   An additional condition of a licence must be relevant to community broadcasting services.

  (4)   If the ACMA proposes to vary or revoke a condition, impose an additional condition or vary the licence period, the ACMA is to give to the licensee:

  (a)   written notice of its intention; and

  (b)   a reasonable opportunity to make representations to the ACMA in relation to the proposed action.

  (5)   This section does not allow the ACMA:

  (a)   to vary or revoke a condition set out in Part   5 of Schedule   2; or

  (b)   to vary or revoke a timing condition so that there are no times in which the licence allows community broadcasting services to be provided; or

  (c)   to vary the licence period so that the period is longer than 12   months.

  (6)   If the ACMA varies or revokes a condition (other than a timing condition), imposes an additional condition or varies the licence period, the ACMA is to publish the fact of the variation, revocation or additional condition in the Gazette .

  (7)   Action taken under subsection   (1) must not be inconsistent with:

  (a)   determinations and clarifications under section   19; or

  (b)   conditions set out in Part   5 (other than paragraph   9(1)(h)) of Schedule   2.


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