Document ID: chunk:federal_register_of_legislation:C2004A00700:clause:6_47
Version: federal_register_of_legislation:C2004A00700
Segment Type: clause
Provision Reference: sch 6 cl 47
Character Range: 160205–162432

47  Revocation of nominated datacaster declaration

 (1) The ABA must, by writing, revoke a nominated datacaster declaration if the ABA is satisfied that:
 (a) the licensee of the datacasting transmitter licence is not transmitting, or does not propose to transmit, the datacasting service on behalf of the licensee of the datacasting licence; or
 (b) the licensee of the datacasting transmitter licence is involved, or proposes to become involved, in the selection or provision of datacasting content to be transmitted on the datacasting service.

 (2) The ABA must, by writing, revoke a nominated datacaster declaration if:
 (a) the licensee of the datacasting transmitter licence; or
 (b) the licensee of the datacasting licence;
gives the ABA a written notice stating that the licensee does not consent to the continued operation of the declaration.

 (3) The ABA must give a copy of the revocation to:
 (a) the licensee of the datacasting transmitter licence; and
 (b) the licensee of the datacasting licence.

 (4) A revocation under subclause (1) or (2) takes effect on the date specified in the revocation.

 (5) The ABA must not revoke a nominated datacaster declaration under subclause (1) unless the ABA has first:
 (a) given the licensee of the datacasting transmitter licence a written notice:
 (i) setting out a proposal to revoke the declaration; and
 (ii) inviting the licensee to make a submission to the ABA on the proposal; and
 (b) given the licensee of the datacasting licence a written notice:
 (i) setting out a proposal to revoke the declaration; and
 (ii) inviting the licensee to make a submission to the ABA on the proposal; and
 (c) considered any submission that was received under paragraph (a) or (b) within the time limit specified in the notice concerned.

 (6) A time limit specified in a notice under subclause (5) must run for at least 7 days.

 (7) A person must not enter into a contract or arrangement under which the person or another person is:
 (a) prevented from giving a notice under subclause (2); or
 (b) subject to any restriction in relation to the giving of a notice under subclause (2).

 (8) A contract or arrangement entered into in contravention of subclause (7) is void.