Document ID: chunk:federal_register_of_legislation:C2004A00765:clause:1_121flc
Version: federal_register_of_legislation:C2004A00765
Segment Type: clause
Provision Reference: sch 1 cl 121FLC
Character Range: 25301–27425

121FLC  Making a nominated broadcaster declaration

 (1) After considering the application, the ABA must declare in writing that the provision of the international broadcasting service by the content provider is nominated in relation to the transmitter licence or proposed transmitter licence, if the ABA is satisfied that:
 (a) either:
 (i) the content provider holds an international broadcasting licence that authorises the provision of the international broadcasting service; or
 (ii) the content provider does not hold such a licence but, if the declaration were made, the transmission provider or another person will, within 60 days after the making of the declaration, apply under subsection 121FA(1A), on behalf of the content provider, for an international broadcasting licence that authorises the provision of the international broadcasting service by the content provider; and
 (b) the transmission provider intends to transmit the international broadcasting service on behalf of the content provider; and
 (c) the transmission provider is a company that is formed in Australia or in an external Territory; and
 (d) if the declaration were made, the transmission provider would be in a position to comply with all of the obligations imposed on the transmission provider under section 121FLE.

 (2) The ABA must give a copy of the declaration to:
 (a) the transmission provider; and
 (b) the content provider.

 (3) If the ABA refuses to make a nominated broadcaster declaration, the ABA must give written notice of the refusal to:
 (a) the transmission provider; and
 (b) the content provider.

 (4) If an application is made for a nominated broadcaster declaration, the ABA must make reasonable efforts to:
 (a) make the declaration under subsection (1); or
 (b) refuse to make the declaration;
within 30 days after the application is made.

 (5) This Part does not prevent the ABA from making more than one nominated broadcaster declaration in relation to a particular international broadcasting service, so long as each declaration relates to a different transmitter licence or proposed transmitter licence.