Document ID: chunk:federal_register_of_legislation:C2006A00129:clause:1_61amc
Version: federal_register_of_legislation:C2006A00129
Segment Type: clause
Provision Reference: sch 1 cl 61AMC
Character Range: 26802–29287

61AMC  Prior approval of transactions that result in an unacceptable 3‑way control situation coming into existence etc.

 (1) A person may, before a transaction takes place that would place a person in breach of section 61AMA or 61AMB, 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 61AMA or 61AMB; and
 (b) either:
 (i) the applicant; or
 (ii) another person;
  will take action, within a period of not longer than 12 months, to ensure that an unacceptable 3‑way control situation does not exist in relation to 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 an unacceptable 3‑way control situation does not exist in relation to 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 12 months.

 (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 an unacceptable 3‑way control situation does not exist in relation to 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 (ii) have not been withdrawn or cancelled; and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 a transaction, the ACMA must give written notice of the refusal to the applicant.

 (9) The ACMA must deal with applications under subsection (1) in order of receipt.

 (10) If the ACMA receives an application under subsection (1), the ACMA must use its best endeavours to make a decision on the application within 45 days after receipt of the application.