Document ID: chunk:federal_register_of_legislation:C2004A00765:clause:1_121flh
Version: federal_register_of_legislation:C2004A00765
Segment Type: clause
Provision Reference: sch 1 cl 121FLH
Character Range: 33693–35727

121FLH  Cancellation of licence if declaration ceases to be in force and licensee is not an Australian company

 (1) If:
 (a) a nominated broadcaster declaration ceases to be in force; and
 (b) the provision of the international broadcasting service concerned is authorised by an international broadcasting licence; and
 (c) 30 days pass, and the ABA is satisfied that:
 (i) the international broadcasting licensee is not a company that is formed in Australia or in an external Territory; and
 (ii) the international broadcasting licensee has not taken reasonable steps to arrange for the international broadcasting service to be provided by a company that is formed in Australia or in an external Territory;
the ABA must cancel the licence.

 (2) If:
 (a) a nominated broadcaster declaration ceases to be in force; and
 (b) the provision of the international broadcasting service concerned is authorised by an international broadcasting licence; and
 (c) 90 days pass, and the ABA is satisfied that the international broadcasting licensee is not a company that is formed in Australia or in an external Territory;
the ABA must cancel the licence.

 (3) The ABA may, by written notice given to the licensee, determine that paragraph (2)(c) has effect, in relation to the licensee, as if a reference in that paragraph to 90 days were a reference to such greater number of days as is specified in the notice.

 (4) The ABA must not notify a greater number of days under subsection (3) unless it is satisfied that there are exceptional circumstances that warrant the greater number of days.

Notice of intention to cancel

 (5) If the ABA proposes to cancel a licence under subsection (1) or (2), the ABA must give to the licensee:
 (a) written notice of its intention; and
 (b) a reasonable opportunity to make representations to the ABA in relation to the proposed cancellation.

Cancellation to be notified to the ACA

 (6) If the ABA cancels a licence under subsection (1) or (2), the ABA must notify the cancellation to the ACA.