Document ID: chunk:federal_register_of_legislation:C2004A00700:clause:2_131aca
Version: federal_register_of_legislation:C2004A00700
Segment Type: clause
Provision Reference: sch 2 cl 131ACA
Character Range: 218565–220665

131ACA  Datacasting transmitter licences

 (1) The ACA must not transfer a datacasting transmitter licence to a person unless the person is a qualified company.

 (2) If the proposed transferee of a datacasting transmitter licence is a qualified company, the ACA must, within 14 days after receiving the relevant application, refer the relevant application to the ABA.

 (3) If:
 (a) an application for the transfer of a datacasting transmitter licence is referred to the ABA under subsection (2); and
 (b) the ABA is satisfied that the transfer of the licence would result in a breach of the BSA control rules;
the ABA may, by written notice given to the ACA within 30 days after the application was referred to the ABA, direct the ACA not to transfer the licence to the proposed transferee, and the ACA must comply with the direction.

 (4) If:
 (a) an application for the transfer of a datacasting transmitter licence is referred to the ABA under subsection (2); and
 (b) the ABA is satisfied that the transfer of the licence would not result in a breach of the BSA control rules;
the ABA must, by written notice given to the ACA, inform the ACA accordingly.

 (5) If an application for the transfer of a datacasting transmitter licence is referred to the ABA under subsection (2), the ACA must not transfer, or refuse to transfer, the licence until whichever of the following first happens:
 (a) the ACA receives a notice from the ABA in relation to the application under subsection (3) or (4);
 (b) the end of 30 days after the application was referred to the ABA.

 (6) If the ACA refuses to transfer a datacasting transmitter licence because of a direction under subsection (3), the notice of refusal must be accompanied by a copy of the direction.

 (7) For the purposes of this section, the transfer of a datacasting transmitter licence results in a breach of the BSA control rules if, and only if, the transfer of the licence would result in a breach of:
 (a) section 54A or 56A of the Broadcasting Services Act 1992; or
 (b) clause 41 of Schedule 6 to the Broadcasting Services Act 1992.