Document ID: chunk:federal_register_of_legislation:C2025C00023:section:61an:p2
Version: federal_register_of_legislation:C2025C00023
Segment Type: section
Provision Reference: s 61AN (pt 2/3)
Character Range: 206572–209269

of a commercial radio broadcasting licence:
 (i) a decision to enter the media group in the Register under subsection 61AY(1) or 61AZ(1);
 (ii) a decision under subsection 61AZE(1) confirming the entry of the media group in the Register;
 (iii) a decision under section 61AZF affirming a decision under subsection 61AZE(1) to confirm the entry of the media group in the Register;
 (iv) a decision under section 61AZF revoking a decision under subsection 61AZE(1) to cancel the entry of the media group in the Register; and
 (b) any of the following subparagraphs applies:
 (i) in the case of a decision under subsection 61AZE(1)—a person applied to the ACMA for a reconsideration of the original decision;
 (ii) in the case of a decision under section 61AZF—a person applied to the Administrative Review Tribunal for a review of the original decision;
 (iii) in any case—a person applied to a court for an order of review, a writ of mandamus or prohibition, or an injunction, in relation to the original decision; and
 (c) the original decision was set aside or revoked; and
 (d) after the original decision was set aside or revoked, the ACMA entered another registrable media group in relation to that licence area in the Register; and
 (e) after that other group was entered in the Register, the Administrative Review Tribunal or a court made a decision the effect of which was to restore or affirm the original decision;
subsection (4) does not prevent the ACMA from giving a direction under subsection (1) to a registered controller of that other group that would have the effect of requiring the registered controller to cease to be in a position to exercise control of any media operation in that other group.
 (5) A direction under subsection (1) must specify a period within which the person must comply with the direction.
 (6) The period must not be longer than 2 years.
 (6A) If:
 (a) the ACMA gives a direction under subsection (1) in the circumstances referred to in subsection (4C); and
 (b) subsection (8) does not apply;
the period specified in the direction must be 2 years.
 (7) If the ACMA is satisfied that the person:
 (a) acted in good faith; and
 (b) took reasonable precautions, and exercised due diligence, to avoid:
 (i) the unacceptable media diversity situation coming into existence; or
 (ii) if the unacceptable media diversity situation already existed—a reduction in the number of points in the licence area concerned;
the period specified in the direction must be 2 years.
 (8) If the ACMA is satisfied that the person acted flagrantly in breach of section 61AG or 61AH, the period specified in the direction must be one month.
 (9) The Parliament recognises that,