Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) A subscription television broadcasting licence is not to be allocated to an applicant if:
(a) the applicant is not a company that is registered under Part 2A.2 of the Corporations Act 2001 and has a share capital; or
(b) the ACMA decides that subsection 98(2) applies to the applicant.
(2) Paragraph (1)(b) does not require the ACMA to consider the application of subsection 98(2) in relation to an applicant before a subscription television broadcasting licence is allocated to the applicant.