Document ID: chunk:federal_register_of_legislation:C2004A00765:clause:1_121fc
Version: federal_register_of_legislation:C2004A00765
Segment Type: clause
Provision Reference: sch 1 cl 121FC
Character Range: 13737–14752

121FC  Unsuitable applicant

 (1) The ABA may, if it is satisfied that allowing a particular company to provide an international broadcasting service under an international broadcasting licence would lead to a significant risk of:
 (a) an offence against this Act or the regulations being committed; or
 (b) a breach of the conditions of the licence occurring;
decide that this subsection applies to the company.

 (2) In deciding whether such a risk exists, the ABA is to take into account:
 (a) the business record of the company; and
 (b) the company's record in situations requiring trust and candour; and
 (c) the business record of each person who is, or would be, if an international broadcasting licence were allocated to the company, in a position to control the licence; and
 (d) the record in situations requiring trust and candour of each such person; and
 (e) whether the company, or a person referred to in paragraph (c) or (d), has been convicted of an offence against this Act or the regulations.