Document ID: chunk:federal_register_of_legislation:C2004A00765:clause:1_131af
Version: federal_register_of_legislation:C2004A00765
Segment Type: clause
Provision Reference: sch 1 cl 131AF
Character Range: 43399–44981

131AF  Issuing certificates

 (1) After considering an application under section 131AE, the ACA may issue to the applicant a provisional international broadcasting certificate in relation to the proposed application for the transmitter licence.

 (2) The certificate must state that, if the following conditions are satisfied:
 (a) the applicant applies for the transmitter licence when the certificate is in force;
 (b) at the time when the application for the transmitter licence is made:
 (i) there is in force an international broadcasting licence that authorises the provision of the international broadcasting service concerned; and
 (ii) spectrum is available for use for the provision of that service;
 (c) such other conditions (if any) as are specified in the certificate;
the ACA will be disposed to issue the transmitter licence.

 (3) In deciding whether to issue a provisional international broadcasting certificate, the ACA:
 (a) must have regard to all of the matters to which it would be required to have regard when deciding whether to issue the transmitter licence concerned (other than the matter mentioned in subsection 100(3B)); and
 (b) may have regard to:
 (i) any other matters to which it would be permitted to have regard when deciding whether to issue the transmitter licence concerned; and
 (ii) such other matters as the ACA considers relevant.

 (4) If the ACA refuses to issue a provisional international broadcasting certificate to a person, the ACA must give written notice of the refusal to the person, together with a statement of its reasons.