Document ID: chunk:federal_register_of_legislation:C2006A00129:clause:1_61an:p1
Version: federal_register_of_legislation:C2006A00129
Segment Type: clause
Provision Reference: sch 1 cl 61AN (pt 1/3)
Character Range: 32111–34801

61AN  Remedial directions—unacceptable media diversity situation

 (1) If, on or after the commencement day, the ACMA is satisfied that an unacceptable media diversity situation exists in relation to the licence area of a commercial radio broadcasting licence, the ACMA may give a person such written directions as the ACMA considers appropriate for the purpose of ensuring that that situation ceases to exist.

 (2) The ACMA's directions may include:
 (a) a direction requiring the disposal of shares or interests in shares; or
 (b) a direction restraining the exercise of any rights attached to:
 (i) shares; or
 (ii) interests in shares; or
 (c) a direction prohibiting or deferring the payment of any sums due to a person in respect of shares, or interests in shares, held by the person; or
 (d) a direction that any exercise of rights attached to:
 (i) shares; or
 (ii) interests in shares;
  be disregarded.

 (3) Subsection (2) does not limit subsection (1).

 (4) The ACMA must not give a direction under subsection (1) if the direction would have the effect of requiring a registered controller of a registered media group to cease to be in a position to exercise control of any of the media operations in the group.

 (4A) Subsection (4) does not prevent the ACMA from giving a direction under subsection (1) to a registered controller of a registered media group that would have the effect of requiring the registered controller to cease to be in a position to exercise control of a media operation in the group if:
 (a) the registered controller failed to comply with a notice under section 61AJ; and
 (b) the notice related, to any extent, to the media operation.

 (4B) Subsection (4) does not prevent the ACMA from giving a direction under subsection (1) to a registered controller of a registered media group that would have the effect of requiring the registered controller to cease to be in a position to exercise control of a media operation in the group if:
 (a) an approval under section 61AJ was given on the basis that the ACMA was satisfied that a person other than the registered controller would, within a particular period, take action that, to any extent, relates to the media operation; and
 (b) the person failed to take the action within that period.

 (4C) If:
 (a) the ACMA made any of the following decisions (the original decision) in connection with a registrable media group in relation to the licence area of a commercial radio broadcasting licence:
 (i) a decision to enter the media group in the Register under subsection 61AY(1) or 61AZ(1);
 (ii) a decision under subsection 61AZE(1) confirming the entry of the media group in the Register;
 (iii) a