Australian Communications and Media Authority (Consequential and Transitional Provisions) Act 2005 (45 of 2005)

Schedule 1   Amendments commencing on the establishment of the ACMA (other than general amendments to change abbreviated references)

Radiocommunications Act 1992

92   Sections 128C and 128D

Repeal the sections, substitute:

128C Suspending datacasting transmitter licences

(1) If the ACMA is satisfied that:

(a) the licensee of a datacasting transmitter licence; or

(b) a person authorised by the licensee to operate a radiocommunications transmitter under the licence;

has contravened a condition of the licence set out in paragraph 109A(1)(g), (ga), (h), (i) or (j) or subsection 109A(2) or (3), the ACMA may, by written notice given to the licensee, suspend the licence.

(2) The notice of suspension must specify, as the day on which the suspension ceases, the first day after the end of the period specified in the notice.

(3) The ACMA may, at any time, by written notice given to the licensee, revoke the suspension of the licence.

(4) Section 127 applies to a suspension under this section in a corresponding way to the way in which it applies to a suspension under section 126.

128D Cancelling datacasting transmitter licences

If the ACMA is satisfied that:

(a) the licensee of a datacasting transmitter licence; or

(b) a person authorised by the licensee to operate a radiocommunications transmitter under the licence;

has contravened a condition of the licence set out in paragraph 109A(1)(g), (ga), (h), (i) or (j) or subsection 109A(2) or (3), the ACMA may, by written notice given to the licensee, cancel the licence.