Document ID: chunk:federal_register_of_legislation:C2006A00129:clause:1_61aj:p1
Version: federal_register_of_legislation:C2006A00129
Segment Type: clause
Provision Reference: sch 1 cl 61AJ (pt 1/2)
Character Range: 19504–22220

61AJ  Prior approval of transactions that result in an unacceptable media diversity situation coming into existence etc.

 (1) A person may, before a transaction takes place that would place a person in breach of section 61AG or 61AH, make an application to the ACMA for an approval of the transaction.

 (2) An application is to be made in accordance with a form approved in writing by the ACMA.

 (3) If the ACMA considers that additional information is required before the ACMA can make a decision on an application, the ACMA may, by written notice given to the applicant within 30 days after receiving the application, request the applicant to provide that information.

 (4) If, after receiving an application, the ACMA is satisfied that:
 (a) if the transaction took place, it would place a person in breach of section 61AG or 61AH; and
 (b) either:
 (i) the applicant; or
 (ii) another person;
  will take action, within a period of not longer than 2 years, to ensure that:
 (iii) an unacceptable media diversity situation does not exist in relation to the licence area concerned; or
 (iv) if an unacceptable media diversity situation already exists in relation to the licence area concerned—there is not a reduction in the number of points in the licence area concerned;
the ACMA may, by written notice given to the applicant:
 (c) approve the transaction; and
 (d) if subparagraph (b)(i) applies—specify a period within which action must be taken by the applicant to ensure that:
 (i) an unacceptable media diversity situation does not exist in relation to the licence area concerned; or
 (ii) if an unacceptable media diversity situation already exists in relation to the licence area concerned—there is not a reduction in the number of points in the licence area concerned; and
 (e) if subparagraph (b)(ii) applies—inform the applicant accordingly.

 (5) The period specified in the notice must be at least one month, but not longer than 2 years.

 (6) The ACMA may specify in a notice given to an applicant the action that the ACMA considers the applicant must take to ensure that:
 (a) an unacceptable media diversity situation does not exist in relation to the licence area concerned; or
 (b) if an unacceptable media diversity situation already exists in relation to the licence area concerned—there is not a reduction in the number of points in the licence area concerned.

 (7) In deciding whether to approve a transaction, the ACMA may have regard to:
 (a) any relevant undertakings that:
 (i) have been accepted by the ACMA under section 61AS; and
 (ii) have not been withdrawn or cancelled; and
 (b) such other matters (if any) as the ACMA considers relevant.

 (8) If the ACMA refuses to approve