Document ID: chunk:federal_register_of_legislation:C2004A00765:clause:1_121fl:p1
Version: federal_register_of_legislation:C2004A00765
Segment Type: clause
Provision Reference: sch 1 cl 121FL (pt 1/2)
Character Range: 21219–24101

121FL  Formal warning, or cancellation or suspension of licence, where service is contrary to Australia's national interest

Formal warning

 (1) If:
 (a) an international broadcasting service is provided under an international broadcasting licence; and
 (b) the Minister for Foreign Affairs is of the opinion that the service is contrary to Australia's national interest; and
 (c) the Minister for Foreign Affairs, by written notice given to the ABA, directs the ABA to issue a formal warning to the licensee;
the ABA must issue a formal warning to the licensee.

 (2) If the ABA issues a formal warning under subsection (1), the ABA must notify the warning to the Australian Communications Authority.

Suspension of licence

 (3) If:
 (a) an international broadcasting service is provided under an international broadcasting licence; and
 (b) the Minister for Foreign Affairs is of the opinion that the service is contrary to Australia's national interest; and
 (c) the Minister for Foreign Affairs, by written notice given to the ABA, directs the ABA to suspend the licence for the period specified in the direction;
the ABA must suspend the licence for the period specified in the direction.

 (4) If the ABA suspends a licence under subsection (3), the ABA must notify the suspension to the Australian Communications Authority.

Cancellation of licence

 (5) If:
 (a) an international broadcasting service is provided under an international broadcasting licence; and
 (b) the Minister for Foreign Affairs is of the opinion that the service is contrary to Australia's national interest; and
 (c) the Minister for Foreign Affairs, by written notice given to the ABA, directs the ABA to cancel the licence;
the ABA must cancel the licence.

 (6) If the Minister for Foreign Affairs proposes to direct the ABA to cancel an international broadcasting licence, he or she must direct the ABA to:
 (a) give the licensee written notice of his or her intention; and
 (b) give the licensee a reasonable opportunity to send a submission to the ABA in relation to the proposed direction; and
 (c) forward any such submission to the Minister for Foreign Affairs.

 (7) If the ABA cancels a licence under subsection (5), the ABA must notify the cancellation to the Australian Communications Authority.

Australia's national interest

 (8) For the purposes of this section, in determining whether an international broadcasting service is contrary to Australia's national interest, the Minister for Foreign Affairs must have regard to the effect of the service on Australia's international relations.

 (9) For the purposes of this section, in determining whether an international broadcasting service is contrary to Australia's national interest, the Minister for Foreign Affairs may have regard to a report given by the ABA under section 121FM. This subsection does not limit the material