Document ID: chunk:federal_register_of_legislation:C2025C00023:section:121fc
Version: federal_register_of_legislation:C2025C00023
Segment Type: section
Provision Reference: s 121FC
Character Range: 450933–452140

121FC  Unsuitable applicant
 (1) The ACMA 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
 (aa) a breach of a civil penalty provision occurring; 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 ACMA 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; and
 (f) whether a civil penalty order has been made against:
 (i) the company; or
 (ii) a person referred to in paragraph (c) or (d).