Unsuitable applicant
121FC Unsuitable applicant
The ACMA may, if it is satisfied that allowing a particular company to provide an international broadcasting service under an international broadcasting licence would lead to a significant risk of:
an offence against this Act or the regulations being committed; or
a breach of a civil penalty provision occurring; or
a breach of the conditions of the licence occurring;
decide that this subsection applies to the company.
In deciding whether such a risk exists, the ACMA is to take into account:
the business record of the company; and
the company’s record in situations requiring trust and candour; and
the business record of each person who is, or would be, if an international broadcasting licence were allocated to the company, in a position to control the licence; and
the record in situations requiring trust and candour of each such person; and
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
whether a civil penalty order has been made against:
the company; or
a person referred to in paragraph (c) or (d).
This provision refers to the regulations (the regulations
). Made under this Act:
- Australian Communications and Media Authority (Realising the Digital Dividend) Direction 2010 · Legislative Instrument · under s 25(3) and cl 15 and 29 of sch 4
- Broadcasting (Hours of Local Content) Declaration No.1 of 2017 · Legislative Instrument · under para 43C(3)(c)
- Broadcasting Services (Anti-Siphoning List) Instrument 2024 · Legislative Instrument · under s 146V(1)
80 more instruments made under this Act are listed on the Act’s overview.
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