ACMA may vary conditions or periods, or impose new conditions
92J ACMA may vary conditions or periods, or impose new conditions
The ACMA may, by notice in writing given to a temporary community broadcasting licensee:
vary or revoke a condition of the licence (including a timing condition); or
impose an additional condition on the licence; or
vary the licence period.
Without limiting subsection (1), the ACMA may impose an additional condition on a licence:
requiring the licensee to comply with a code of practice that is applicable to the licensee; or
designed to ensure that a breach of a condition by the licensee does not recur.
An additional condition of a licence must be relevant to community broadcasting services.
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:
written notice of its intention; and
a reasonable opportunity to make representations to the ACMA in relation to the proposed action.
This section does not allow the ACMA:
to vary or revoke a condition set out in Part 5 of Schedule 2; or
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
to vary the licence period so that the period is longer than 12 months.
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.
Action taken under subsection (1) must not be inconsistent with:
determinations and clarifications under section 19; or
conditions set out in Part 5 (other than paragraph 9(1)(h)) of Schedule 2.
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