Document ID: chunk:federal_register_of_legislation:C2021C00453:clause:6_10
Version: federal_register_of_legislation:C2021C00453
Segment Type: clause
Provision Reference: sch 6 cl 10
Character Range: 47467–48436

10  After subsection 100(3B)
Insert:
 (3BA) The ACMA must not issue a transmitter licence authorising operation of a radiocommunications transmitter for transmitting or re‑transmitting a commercial broadcasting service if:
 (a) the ACMA has reasonable grounds to believe that the application for the licence is part of a scheme:
 (i) entered into; or
 (ii) being carried out; or
 (iii) that has been carried out;
  for the sole or dominant purpose of avoiding the application of any provision of the Commercial Broadcasting (Tax) Act 2017 (other than section 14 of that Act); and
 (b) the applicant has not satisfied the ACMA that the application for the licence is not part of such a scheme.
 (3BB) For the purposes of subsection (3BA), scheme means:
 (a) any agreement, arrangement, understanding, promise or undertaking, whether express or implied; or
 (b) any scheme, plan, proposal, action, course of action or course of conduct, whether unilateral or otherwise.