Document ID: chunk:federal_register_of_legislation:F2021L01123:reg:4:p5
Version: federal_register_of_legislation:F2021L01123
Segment Type: reg
Provision Reference: reg 4 (pt 5/12)
Character Range: 11614–14483

in question without the need for further action and intervention by the ACMA.

10 Suspension and cancellation of licences

    10.1 Under the BSA, the ACMA is empowered to suspend or cancel licences in certain circumstances. The relevant provisions set out the preconditions for the exercise of these powers. There is a range of factors which the ACMA may consider in determining whether suspension or cancellation of a licence is an appropriate enforcement response (see clause 9).

    10.2  Where the ACMA has formed a view that it may be appropriate to take action to suspend or cancel a licence it will, among other things:

            identify the issues of concern to the ACMA

            notify the relevant person of the proposed action that may be taken

            set out the time within which any representations concerning the proposed action should be provided to the ACMA.

    10.3 The decision to suspend or cancel licences must be made by the Authority (see paragraph 53(2)(a) of the ACMA Act).

    10.4  The ACMA may also be directed by the Minister for Foreign Affairs to take specified action concerning international broadcasting licensees, including giving a formal warning to the licensee (Part 8B of the BSA). The ACMA must comply with the directions given by the Minister.

    Publication

    10.5 The ACMA's general approach is that it will publicise the suspension or cancellation of a licence. See clauses 8 and 16.

11 Remedial directions

    11.1 Under the BSA, the ACMA is empowered to issue a remedial direction in certain limited circumstances.

    11.2 There is a range of factors which the ACMA may consider in determining whether a remedial direction should be issued (see clause 9). In determining whether a remedial direction should be issued, the ACMA will generally also consider whether the remedial direction should address all or merely some aspects of the conduct or issues of concern to the ACMA.

    Subject matter of a remedial direction

    11.3 Many of the provisions under which a remedial direction may be issued under the BSA set out examples of action that the ACMA may direct must be taken. Those examples are not exhaustive. What action will be specified in the remedial direction will turn on the facts of each matter. The action specified may involve multiple elements.

    11.4 The action specified by the ACMA will be:
               proportionate to the impact of the conduct or risk of future contraventions
               expressed in clear and unambiguous language
               reasonably capable of implementation within any time specified for compliance
               capable of being measured or tested objectively.

Time for compliance

    11.5 The time specified in the remedial direction will turn on the facts of the case, including the complexity and commercial sensitivity