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BROADCASTING SERVICES ACT 1992 - SECT 61AZD

Conditional transactions

Entry of media group

  (1)   If:

  (a)   a person is a party to a proposed transaction; and

  (b)   the proposed transaction is subject to the condition that the ACMA enters a proposed media group in the Register; and

  (c)   the person requests the ACMA to assume, for the purposes of this Subdivision, that the proposed transaction:

  (i)   had been completed; and

  (ii)   were not subject to that condition; and

  (d)   the ACMA is satisfied that:

  (i)   the parties to the proposed transaction are acting in good faith; and

  (ii)   if the media group were to be entered in the Register on the basis of the assumption mentioned in paragraph   (c)--the proposed transaction will be completed within 5 business days after the making of the relevant entry in the Register;

then, for the purposes of this Subdivision, the ACMA may make the assumption mentioned in paragraph   (c).

Removal of entry of media group

  (2)   If:

  (a)   a person is a party to a proposed transaction; and

  (b)   the proposed transaction is subject to the condition that the ACMA removes a media group's entry from the Register; and

  (c)   the person requests the ACMA to assume, for the purposes of this Subdivision, that the proposed transaction:

  (i)   had been completed; and

  (ii)   were not subject to that condition; and

  (d)   the ACMA is satisfied that:

  (i)   the parties to the proposed transaction are acting in good faith; and

  (ii)   if the media group's entry were to be removed from the Register on the basis of the assumption mentioned in paragraph   (c)--the proposed transaction will be completed within 5 business days after the removal of the relevant entry from the Register;

then, for the purposes of this Subdivision, the ACMA may make the assumption mentioned in paragraph   (c).

Alteration of entry of media group

  (3)   If:

  (a)   a person is a party to a proposed transaction; and

  (b)   the proposed transaction is subject to the condition that the ACMA alters a media group's entry in the Register; and

  (c)   the person requests the ACMA to assume, for the purposes of this Subdivision, that the proposed transaction:

  (i)   had been completed; and

  (ii)   were not subject to that condition; and

  (d)   the ACMA is satisfied that:

  (i)   the parties to the proposed transaction are acting in good faith; and

  (ii)   if the media group's entry in the Register were to be altered on the basis of the assumption mentioned in paragraph   (c)--the proposed transaction will be completed within 5 business days after the making of the relevant alteration in the Register;

then, for the purposes of this Subdivision, the ACMA may make the assumption mentioned in paragraph   (c).

Requests

  (4)   A request under subsection   (1), (2) or (3) must be:

  (a)   in a form approved in writing by the ACMA; and

  (b)   accompanied by such information as the ACMA requires.

  (5)   An approved form of a request may provide for verification by statutory declaration of information accompanying requests.



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