Document ID: chunk:federal_register_of_legislation:C2006A00129:clause:2_61ch
Version: federal_register_of_legislation:C2006A00129
Segment Type: clause
Provision Reference: sch 2 cl 61CH
Character Range: 108540–110294

61CH  Approval of draft local content plan

 (1) If a commercial radio broadcasting licensee gives the ACMA a draft local content plan under section 61CF, the ACMA must:
 (a) approve the plan; or
 (b) refuse to approve the plan.

Approval of plan

 (2) In deciding whether to approve a draft local content plan, the ACMA must have regard to:
 (a) whether the plan is adequate; and
 (b) whether the plan is sufficiently detailed; and
 (c) any relevant information set out in the paragraph 61CF(1)(b) statement; and
 (d) such other matters (if any) as the ACMA considers relevant.

 (3) If the ACMA approves the draft local content plan, the plan becomes an approved local content plan for the licence.

 (4) If the ACMA approves the draft local content plan, the ACMA must give the licensee a written notice setting out the decision.

Refusal to approve plan

 (5) If the ACMA refuses to approve the draft local content plan, the ACMA may, by legislative instrument, determine that a plan in the terms specified in the determination is the approved local content plan for the licence.

 (6) If the ACMA refuses to approve the draft local content plan, the ACMA must give the licensee a written notice setting out the reasons for the refusal.

Occurrence of trigger event when ACMA's decision is pending

 (7) If:
 (a) a commercial radio broadcasting licensee gives the ACMA a draft local content plan under section 61CF as the result of the occurrence of a trigger event for the licence; and
 (b) another trigger event for the licence occurs before the ACMA makes a decision under subsection (1) in relation to the plan;
then:
 (c) the ACMA is taken to have refused to approve the plan; and
 (d) subsections (5) and (6) do not apply to that refusal.