Document ID: chunk:federal_register_of_legislation:C2004A00700:clause:2_102b
Version: federal_register_of_legislation:C2004A00700
Segment Type: clause
Provision Reference: sch 2 cl 102B
Character Range: 198863–200974

102B  Datacasting transmitter licences

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

 (2) If:
 (a) the applicant for a datacasting transmitter licence is a qualified company; and
 (b) the licence is not to be issued in accordance with a price‑based allocation system determined under section 106;
the ACA must, within 14 days of receiving the application, refer the application to the ABA.

 (3) If:
 (a) an application for a datacasting transmitter licence is referred to the ABA under subsection (2); and
 (b) the ABA is satisfied that the issue 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 issue the licence to the applicant, and the ACA must comply with the direction.

 (4) If:
 (a) an application for a datacasting transmitter licence is referred to the ABA under subsection (2); and
 (b) the ABA is satisfied that the issue 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 a datacasting transmitter licence is referred to the ABA under subsection (2), the ACA must not issue, or refuse to issue, 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 issue 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 issue of a datacasting transmitter licence results in a breach of the BSA control rules if, and only if, the issue 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.