Commonwealth Consolidated Acts

BROADCASTING SERVICES ACT 1992 - SECT 121FD

Direction not to allocate licence

  (1)   If:

  (a)   an application for an international broadcasting licence is referred to the Minister for Foreign Affairs under subsection   121FB(1) or (5); and

  (b)   the Minister for Foreign Affairs is of the opinion that the proposed international broadcasting service concerned is likely to be contrary to Australia's national interest;

the Minister for Foreign Affairs may, by written notice given to the ACMA, direct the ACMA not to allocate an international broadcasting licence to the applicant.

No objection to allocation of licence

  (2)   If:

  (a)   an application for an international broadcasting licence is referred to the Minister for Foreign Affairs under subsection   121FB(1) or (5); and

  (b)   the Minister for Foreign Affairs is not of the opinion that the proposed international broadcasting service concerned is likely to be contrary to Australia's national interest;

the Minister for Foreign Affairs must, by written notice given to the ACMA, inform the ACMA that he or she has no objection to the allocation of an international broadcasting licence to the applicant.

Australia's national interest

  (3)   For the purposes of this section, in determining whether a proposed international broadcasting service is likely to be contrary to Australia's national interest, the Minister for Foreign Affairs must have regard to the likely effect of the proposed service on Australia's international relations.

  (4)   For the purposes of this section, in determining whether a proposed international broadcasting service is likely to be contrary to Australia's national interest, the Minister for Foreign Affairs may have regard to a report given by the ACMA under subsection   121FB(1) or (5). This subsection does not limit the material to which the Minister for Foreign Affairs may have regard.

Decision to be made within 60 days

  (5)   If an application for an international broadcasting licence is referred to the Minister for Foreign Affairs under subsection   121FB(1) or (5), the Minister for Foreign Affairs must make reasonable efforts to either:

  (a)   direct the ACMA under subsection   (1) of this section; or

  (b)   inform the ACMA under subsection   (2) of this section;

within 60 days after the referral.

Notification

  (6)   If the Minister for Foreign Affairs directs the ACMA not to allocate an international broadcasting licence to an applicant, the ACMA must give written notice of the direction to:

  (a)   in all cases--the applicant; and

  (b)   in the case of an application under subsection   121FA(1A)--the holder of the nominated broadcaster declaration concerned.