Document ID: chunk:federal_register_of_legislation:C2008A00072:clause:1_3
Version: federal_register_of_legislation:C2008A00072
Segment Type: clause
Provision Reference: sch 1 cl 3
Character Range: 2361–4054

3  After subsection 90(1B)
Insert:

Late applications

 (1C) The ACMA may consider a late application for the renewal of a community broadcasting licence if:
 (a) the licensee makes the application before the time when the licence is due to expire; and
 (b) the application is accompanied by a written statement setting out the licensee's reasons for the lateness of the application; and
 (c) the ACMA considers that there are exceptional circumstances that warrant the consideration of the application.

 (1D) In deciding whether there are exceptional circumstances that warrant the consideration of the application, the ACMA must have regard to:
 (a) how late the application is; and
 (b) the reasons given by the licensee for the lateness of the application; and
 (c) the number of paid staff (if any) employed by the licensee; and
 (d) such other matters (if any) as the ACMA considers relevant.

 (1E) If:
 (a) the ACMA decides, under subsection (1C), to consider a late application for the renewal of a community broadcasting licence; and
 (b) the ACMA does not make a decision on the application before the time when the licence is due to expire;
the licence remains in force until the ACMA makes a decision on the application.

 (1F) If:
 (a) the ACMA decides, under subsection (1C), to consider a late application for the renewal of a community broadcasting licence; and
 (b) the ACMA does not make a decision on the application within 26 weeks after receiving the application;
the ACMA is taken to have made, at the end of that 26‑week period, a decision under section 91 to refuse to renew the licence.

Note: The following heading to subsection 90(2) is inserted "Notification".