Document ID: chunk:federal_register_of_legislation:C2004A00700:clause:2_30
Version: federal_register_of_legislation:C2004A00700
Segment Type: clause
Provision Reference: sch 2 cl 30
Character Range: 210006–211575

30  After subsection 114(3)
Insert:

 (3A) The licensee must not authorise a person if:
 (a) the licence is a datacasting transmitter licence; and
 (b) the person is not a qualified company.

 (3B) The licensee must not authorise a person if:
 (a) the licence is a datacasting transmitter licence; and
 (b) the licensee did not, at least 30 days before the authorisation took place, give to the ABA a written notice stating the licensee's intention to authorise the person.

 (3C) If:
 (a) the ABA receives a notice of intention under subsection (3B); and
 (b) the ABA is satisfied that the authorisation would result in a breach of the BSA control rules;
the ABA may, by written notice given to the licensee within 30 days after the notice of intention was sent to the ABA, direct the licensee not to authorise the person.

 (3D) The licensee must not authorise a person in breach of a direction under subsection (3C).

 (3E) If:
 (a) the ABA receives a notice of intention under subsection (3B); and
 (b) the ABA is satisfied that the authorisation would not result in a breach of the BSA control rules;
the ABA must, by written notice given to the licensee, inform the licensee accordingly.

 (3F) If the licensee gives a notice of intention to the ABA under subsection (3B), the licensee must not authorise the person concerned until whichever of the following first happens:
 (a) the licensee receives a notice from the ABA in relation to the authorisation under subsection (3C) or (3E);
 (b) the end of 30 days after the notice of intention was sent to the ABA.