Document ID: chunk:federal_register_of_legislation:C2025C00023:clause:6_9
Version: federal_register_of_legislation:C2025C00023
Segment Type: clause
Provision Reference: sch 6 cl 9
Character Range: 970539–972002

9  Unsuitable applicant
 (1) The ACMA may, if it is satisfied that allowing a particular person to provide a datacasting service under a datacasting licence would lead to a significant risk of:
 (a) an offence against this Act or the regulations being committed; or
 (aa) a breach of a civil penalty provision occurring; or
 (b) a breach of the conditions of the licence occurring;
decide that this subclause applies to the person.
 (2) In deciding whether such a risk exists, the ACMA is to take into account:
 (a) the business record of the person; and
 (b) the person's record in situations requiring trust and candour; and
 (c) the business record of each person who would be, if a datacasting licence were allocated to the first‑mentioned person, in a position to control the licence; and
 (d) the record in situations requiring trust and candour of each such person; and
 (e) whether the first‑mentioned person, or a person referred to in paragraph (c) or (d), has been convicted of an offence against this Act or the regulations; and
 (f) whether a civil penalty order has been made against:
 (i) the first‑mentioned person; or
 (ii) a person referred to in paragraph (c) or (d).
 (3) This clause does not affect the operation of Part VIIC of the Crimes Act 1914 (which includes provisions that, in certain circumstances, relieve persons from the requirement to disclose spent convictions and require persons aware of such convictions to disregard them).