Document ID: chunk:federal_register_of_legislation:C2004A00765:clause:1_121fb
Version: federal_register_of_legislation:C2004A00765
Segment Type: clause
Provision Reference: sch 1 cl 121FB
Character Range: 10883–13737

121FB  Corporate status and suitability

 (1) If the ABA:
 (a) is satisfied that an applicant under subsection 121FA(1) for an international broadcasting licence is a company that is formed in Australia or in an external Territory; and
 (b) does not decide that subsection 121FC(1) applies to the applicant;
the ABA must:
 (c) refer the application to the Minister for Foreign Affairs; and
 (d) give the Minister for Foreign Affairs a report about whether the proposed international broadcasting service concerned complies with the international broadcasting guidelines.

 (2) If the ABA:
 (a) is not satisfied that an applicant under subsection 121FA(1) for an international broadcasting licence is a company that is formed in Australia or in an external Territory; or
 (b) decides that subsection 121FC(1) applies to an applicant under subsection 121FA(1) for an international broadcasting licence;
the ABA must refuse to allocate an international broadcasting licence to the applicant.

 (3) If, under subsection (2), the ABA refuses to allocate an international broadcasting licence to an applicant, the ABA must give written notice of the refusal to the applicant.

 (4) If an application for an international broadcasting licence is made under subsection 121FA(1), the ABA must make reasonable efforts to either:
 (a) take action under subsection (1) of this section; or
 (b) refuse to allocate the licence;
within 30 days after the application was made.

 (5) If the ABA:
 (a) is satisfied that an applicant under subsection 121FA(1A) for an international broadcasting licence is a company; and
 (b) does not decide that subsection 121FC(1) applies to the applicant;
the ABA must:
 (c) refer the application to the Minister for Foreign Affairs; and
 (d) give the Minister for Foreign Affairs a report about whether the proposed international broadcasting service concerned complies with the international broadcasting guidelines.

 (6) If the ABA:
 (a) is not satisfied that an applicant under subsection 121FA(1A) for an international broadcasting licence is a company; or
 (b) decides that subsection 121FC(1) applies to an applicant under subsection 121FA(1A) for an international broadcasting licence;
the ABA must refuse to allocate an international broadcasting licence to the applicant.

 (7) If, under subsection (6), the ABA refuses to allocate an international broadcasting licence to an applicant, the ABA must give written notice of the refusal to:
 (a) the applicant; and
 (b) the holder of the nominated broadcaster declaration concerned.

 (8) If an application for an international broadcasting licence is made under subsection 121FA(1A), the ABA must make reasonable efforts to either:
 (a) take action under subsection (5) of this section; or
 (b) refuse to allocate the licence;
within 30 days after the application was made.