Document ID: chunk:federal_register_of_legislation:C2012A00083:clause:1_130zua:p1
Version: federal_register_of_legislation:C2012A00083
Segment Type: clause
Provision Reference: sch 1 cl 130ZUA (pt 1/3)
Character Range: 27155–29981

130ZUA  Exemption orders and target reduction orders—unjustifiable hardship

Application
 (1) A commercial television broadcasting licensee may apply to the ACMA for:
 (a) an order (an exemption order) that exempts from subsection 130ZR(1) a specified commercial television broadcasting service provided by the licensee in a specified eligible period; or
 (b) an order (a target reduction order) that:
 (i) is expressed to relate to a specified commercial television broadcasting service provided by the licensee in a specified eligible period; and
 (ii) for each financial year included in the eligible period, provides that a specified percentage is the reduced annual captioning target for the service for the financial year.
Note: For eligible period, see subsection (15).
 (2) A national broadcaster may apply to the ACMA for:
 (a) an order (an exemption order) that exempts from subsection 130ZR(1) a specified national television broadcasting service provided by the broadcaster in a specified eligible period; or
 (b) an order (a target reduction order) that:
 (i) is expressed to relate to a specified national television broadcasting service provided by the broadcaster in a specified eligible period; and
 (ii) for each financial year included in the eligible period, provides that a specified percentage is the reduced annual captioning target for the service for the financial year.
Note: For eligible period, see subsection (15).
 (3) An application under subsection (1) or (2) must:
 (a) be in writing; and
 (b) be in a form approved, in writing, by the ACMA; and
 (c) be made in:
 (i) the financial year preceding the eligible period specified in the application; or
 (ii) the 180‑day period beginning at the start of the eligible period specified in the application.

Decision on application
 (4) If an application under subsection (1) or (2) has been made for an exemption order or target reduction order, the ACMA must, after considering the application:
 (a) by writing, make the exemption order or target reduction order, as the case may be; or
 (b) refuse to make the exemption order or target reduction order, as the case may be.

Criteria for making exemption order or target reduction order
 (5) The ACMA must not make the exemption order or target reduction order unless the ACMA is satisfied that a refusal to make the exemption order or target reduction order, as the case may be, would impose an unjustifiable hardship on the applicant.
 (6) In determining whether a failure to make the exemption order or target reduction order, as the case may be, would impose an unjustifiable hardship on the applicant, the ACMA must have regard to the following matters:
 (a) the nature of the detriment likely to be suffered by the applicant;
 (b) the impact of making the exemption order or target reduction