Commonwealth Consolidated Acts Commonwealth Consolidated Acts(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;
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 ART/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 Review 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 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
(d) if the ACMA is satisfied that another registrable media group in relation to that licence area has come into existence during the pending period--subsection (3) has effect, in relation to the other registrable media group, as if the relevant notification, or the last of the relevant notifications, as the case may be, had been received on the first day after the end of the pending period.
(6) For the purposes of subsection (5), an application for reconsideration of a decision is taken not to have been finalised during the period of 28 days beginning on:
(a) if, because of the operation of subsection 61AZF(9), the decision is taken to be affirmed--the day on which the decision is taken to have been affirmed; or
(b) in any other case--the day on which the decision on the reconsideration is notified to the person concerned.
(7) For the purposes of subsection (5), if:
(a) a person applied to the Administrative Review Tribunal for a review of a decision; and
(b) the Administrative Review Tribunal makes a decision on the application;
the application is taken not to have been finalised during the period within which a person may appeal to the Federal Court under section 172 of the Administrative Review Tribunal Act 2024 from the decision mentioned in paragraph (b).
(8) For the purposes of subsection (5), if:
(a) a person applied to the Administrative Review Tribunal for a review of a decision; and
(b) the Administrative Review Tribunal made a decision on the application; and
(c) a person appeals from the decision to the Federal Court; and
(d) the Court makes a decision on the appeal;
the application is taken not to have been finalised during the period of 28 days beginning on the day on which the decision mentioned in paragraph (d) is made.
(9) For the purposes of subsection (5), if:
(a) a person applied to a court for an order of review, a writ of mandamus or prohibition, or an injunction, in relation to a decision; and
(b) the court makes a decision on the application;
the application is taken not to have been finalised during the period of 28 days beginning on the day on which the decision mentioned in paragraph (b) is made.
(10) For the purposes of subsection (5), if:
(a) a person applied to a court for an order of review, a writ of mandamus or prohibition, or an injunction, in relation to a decision; and
(b) the court made a decision on the application; and
(c) the decision became the subject of an appeal; and
(d) the court or another court makes a decision on the appeal; and
(e) the decision mentioned in paragraph (d) could be the subject of an appeal;
the application is taken not to have been finalised during the period of 28 days beginning on the day on which the decision mentioned in paragraph (d) is made.
(11) The regulations may provide that, in specified circumstances, an application is taken, for the purposes of subsection (5), not to have been finalised during a period ascertained in accordance with the regulations.
(12) The regulations may extend the period referred to in subsection (6), (7), (8), (9) or (10).