Document ID: chunk:federal_register_of_legislation:C2025C00023:section:121flh
Version: federal_register_of_legislation:C2025C00023
Segment Type: section
Provision Reference: s 121FLH
Character Range: 474176–476072

121FLH  Cancellation of licence if declaration ceases to be in force and licensee is not an Australian company
 (1) If:
 (a) a nominated broadcaster declaration ceases to be in force; and
 (b) the provision of the international broadcasting service concerned is authorised by an international broadcasting licence; and
 (c) 30 days pass, and the ACMA is satisfied that:
 (i) the international broadcasting licensee is not registered as a company under Part 2A.2 of the Corporations Act 2001; and
 (ii) the international broadcasting licensee has not taken reasonable steps to arrange for the international broadcasting service to be provided by a company that is registered under Part 2A.2 of the Corporations Act 2001;
the ACMA must cancel the licence.
 (2) If:
 (a) a nominated broadcaster declaration ceases to be in force; and
 (b) the provision of the international broadcasting service concerned is authorised by an international broadcasting licence; and
 (c) 90 days pass, and the ACMA is satisfied that the international broadcasting licensee is not registered as a company under Part 2A.2 of the Corporations Act 2001;
the ACMA must cancel the licence.
 (3) The ACMA may, by written notice given to the licensee, determine that paragraph (2)(c) has effect, in relation to the licensee, as if a reference in that paragraph to 90 days were a reference to such greater number of days as is specified in the notice.
 (4) The ACMA must not notify a greater number of days under subsection (3) unless it is satisfied that there are exceptional circumstances that warrant the greater number of days.

Notice of intention to cancel
 (5) If the ACMA proposes to cancel a licence under subsection (1) or (2), the ACMA must give to the licensee:
 (a) written notice of its intention; and
 (b) a reasonable opportunity to make representations to the ACMA in relation to the proposed cancellation.