Document ID: chunk:federal_register_of_legislation:C2006A00129:clause:1_61az:p1
Version: federal_register_of_legislation:C2006A00129
Segment Type: clause
Provision Reference: sch 1 cl 61AZ (pt 1/3)
Character Range: 48264–50948

61AZ  Registration of newly‑formed media group

 (1) If:
 (a) the ACMA is satisfied that:
 (i) a registrable media group has come into existence on or after 1 February 2007; and
 (ii) the media group is not already entered in the Register; and
 (b) the ACMA is satisfied that the coming into existence of the media group does not have the result that:
 (i) an unacceptable media diversity situation comes into existence in relation to the licence area of a commercial radio broadcasting licence; or
 (ii) if an unacceptable media diversity situation already exists in relation to the licence area of a commercial radio broadcasting licence—there is a reduction in the number of points in the licence area; and
 (c) the ACMA is satisfied that the coming into existence of the media group does not have the result that an unacceptable 3‑way control situation comes into existence in relation to the licence area of a commercial radio broadcasting licence;
the ACMA must enter the group in the Register.

 (2) For the purposes of subsection (1), the ACMA may rely on one or more notifications given, or purportedly given, under Division 6 on or after 1 February 2007.

 (3) If the ACMA relies on a notification or notifications given, or purportedly given, under Division 6, the ACMA must make the relevant entry within 2 business days after receiving the notification or the last of the notifications.

 (4) If the ACMA makes an entry under subsection (1), the ACMA is to include in the Register a note to the effect that the entry is unconfirmed.

Register frozen while ACMA reconsideration is pending or AAT/court proceedings are pending

 (5) If:
 (a) the ACMA makes a decision under this Subdivision in connection with a registrable media group in relation to the licence area of a commercial radio broadcasting licence; and
 (b) any of the following subparagraphs applies:
 (i) in the case of a decision under subsection 61AZE(1)—a person applies to the ACMA for a reconsideration of the decision;
 (ii) in the case of a decision under section 61AZF—a person applies to the Administrative Appeals Tribunal for a review of the decision;
 (iii) in any case—a person applies to a court for an order of review, a writ of mandamus or prohibition, or an injunction, in relation to the decision;
then:
 (c) despite subsection (1), the ACMA must not enter any other registrable media group in relation to that licence area in the Register under that subsection during the period (the pending period) when that application has not been finalised unless the ACMA is satisfied that, assuming that the decision were not to be set aside or revoked, the coming into existence of the media group