Unsuitable applicant
9 Unsuitable applicant
The ACMA may, if it is satisfied that allowing a particular person to provide a datacasting service under a datacasting 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 subclause applies to the person.
In deciding whether such a risk exists, the ACMA is to take into account:
the business record of the person; and
the person’s record in situations requiring trust and candour; and
the business record of each person who would be, if a datacasting licence were allocated to the first‑mentioned person, in a position to control the licence; and
the record in situations requiring trust and candour of each such person; and
whether the first‑mentioned person, 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 first‑mentioned person; or
a person referred to in paragraph (c) or (d).
This clause does not affect the operation of Part VIIC of the Crimes Act 1914 (which includes provisions that, in certain circumstances, relieve persons from the requirement to disclose spent convictions and require persons aware of such convictions to disregard them).
The statute text is free to read above. View subscription options to unlock the case-law research tools for each provision.