Broadcasting Services Act 1992

The ACMA must, by writing, revoke a nominated broadcaster declaration relating to the provision of an international broadcasting service by a person (the content provider) if the ACMA is satisfied that:

the holder of the declaration is neither transmitting, nor proposing to transmit, the international broadcasting service on behalf of the content provider; or

the holder of the declaration is involved, or proposes to become involved, in the selection or provision of programs to be transmitted on the international broadcasting service; or

the holder of the declaration is not registered as a company under Part 2A.2 of the Corporations Act 2001.

The ACMA must, by writing, revoke a nominated broadcaster declaration relating to the provision of an international broadcasting service by a person (the content provider) if the ACMA is satisfied that:

at the time the declaration was made, there was no international broadcasting licence that authorised the provision of the international broadcasting service by the content provider; and

either:

no application was made under subsection 121FA(1A) for such a licence within 60 days after the making of the declaration; or

an application for such a licence was made under subsection 121FA(1A) within 60 days after the making of the declaration, but the application was refused.

The ACMA must, by writing, revoke a nominated broadcaster declaration relating to the provision of an international broadcasting service by a person (the content provider) if:

the holder of the declaration; or

the content provider;

The ACMA must give a copy of the revocation to:

the person who held the declaration; and

the content provider.

A revocation under subsection (1), (2) or (3) takes effect on the date specified in the revocation.

The ACMA must not revoke a nominated broadcaster declaration under subsection (1) or (2) unless the ACMA has first:

given the holder of the declaration a written notice:

setting out a proposal to revoke the declaration; and

inviting the holder of the declaration to make a submission to the ACMA on the proposal; and

given the content provider a written notice:

setting out a proposal to revoke the declaration; and

inviting the content provider to make a submission to the ACMA on the proposal; and

considered any submission that was received under paragraph (a) or (b) within the time limit specified in the notice concerned.

A time limit specified in a notice under subsection (6) must run for at least 7 days.

A person must not enter into a contract or arrangement under which the person or another person is:

prevented from giving a notice under subsection (3); or

subject to any restriction in relation to the giving of a notice under subsection (3).

A contract or arrangement entered into in contravention of subsection (8) is void.