BROADCASTING SERVICES ACT 1992 - SECT 83 When persons are regarded as suitable

BROADCASTING SERVICES ACT 1992 - SECT 83

  (1)   For the purposes of this Part, a company is a suitable community broadcasting licensee or a suitable applicant for a community broadcasting licence if the ACMA has not decided that subsection   (2) applies to the company.

  (2)   The ACMA may, if it is satisfied that allowing a particular company to provide or continue to provide broadcasting services under a community broadcasting licence would lead to a significant risk of:

  (a)   an offence against this Act or the regulations being committed; or

  (aa)   a breach of a civil penalty provision occurring; or

  (b)   a breach of the conditions of the licence occurring;

decide that this subsection applies to the company.

  (3)   In deciding whether such a risk exists, the ACMA is to take into account:

  (a)   the business record of the company; and

  (b)   the company's record in situations requiring trust and candour; and

  (c)   the business record of the chief executive and each director and secretary of the applicant; and

  (d)   the record in situations requiring trust and candour of each such person; and

  (e)   whether the company, or a person referred to in paragraph   (c) or (d), has been convicted of an offence against this Act or the regulations; and

  (f)   whether a civil penalty order has been made against:

  (i)   the company; or

  (ii)   a person referred to in paragraph   (c) or (d).

  (4)   This section does not affect the operation of Part   VIIC of the Crimes Act 1914 (which includes provisions that, in certain circumstances, relieve persons from the requirement to disclose spent convictions and require persons aware of such convictions to disregard them).