Commonwealth Numbered Acts

BROADCASTING SERVICES ACT 1992 No. 110 of 1992 - SECT 21

21.(1) A person who is providing, or who proposes to provide, a broadcasting
service may apply to the ABA for an opinion as to which category of
broadcasting services the service falls into.

(2) An application must be in accordance with a form approved in writing by
the ABA, and must state the applicant's opinion as to which category of
broadcasting services the service falls into.

(3) If the ABA considers that additional information is required before an
opinion can be given, the ABA may, by notice in writing given to the applicant
within 30 days after receiving the application, request the applicant to
provide that information.

(4) The ABA must, as soon as practicable after:

   (a)  receiving the application; or

   (b)  if the ABA has requested further information - receiving that further
        information; give the applicant, in writing, its opinion as to which
        category of broadcasting services the service falls into.

(5) If the ABA has given an opinion under this section to the provider of a
broadcasting service, neither the ABA nor any other Government agency may,
while the circumstances relating to the broadcasting service remain
substantially the same as those advised to the ABA in relation to the
application for the opinion:

   (a)  take any action against the provider of the service during the period
        of 5 years commencing on the day on which the opinion is given on the
        basis that the service falls into a different category of
        broadcasting services than that advised in the opinion; or

   (b)  unless the ABA has made a determination or clarification under section
        19 after that opinion was given that places the broadcasting service
        in a different category - take any action against the provider of the
        service after the end of that period on the basis that the service
        falls into a different category of broadcasting services.

(6) If the ABA does not, within 45 days after:

   (a)  receiving the application; or

   (b)  if the ABA has requested further information - receiving that further
        information; give the applicant, in writing, its opinion as to which
        category of broadcasting services the service falls into, the ABA is
        taken to have given an opinion at the end of that period that accords
        with the applicant's opinion.

(7) The ABA may charge a fee for providing an opinion under this section.