(1) Subject to this section, an application may be made to the Administrative Review Tribunal for a review of a decision set out in column 1 of the table made under the provision of this Act set out in column 2, but such an application may only be made by the person described in column 3.
TABLE
Column 1 Decision
Column 2 Provision
Column 3 Person who may apply
Refusal to allocate an additional licence
Section 38A
The licensee
Refusal to allocate an additional licence
Section 38B
The applicant
Cancellation of licence
Section 38C
The licensee
Refusal to allocate licence
Subsection 40(1)
The applicant
Direction that a licence not be allocated under subsection 40(1)
Subsection 40(7)
The applicant
That a person is not a suitable applicant or licensee (Commercial)
Subsection 41(2)
The person
Variation of licence conditions or imposition of new conditions (Commercial)
Subsection 43(1)
The licensee
To enter a newspaper in Register
Subsection 59(3)
The publisher of a newspaper or a commercial television broadcasting licensee in the relevant licence area
Refusal to remove newspaper from Register
Subsection 59(4)
The publisher of a newspaper or a commercial television broadcasting licensee in the relevant licence area
To enter a newspaper in Register
subsection 59(4A)
The publisher of a newspaper or a commercial radio broadcasting licensee in the relevant licence area
Refusal to remove newspaper from Register
subsection 59(4B)
The publisher of a newspaper or a commercial radio broadcasting licensee in the relevant licence area
Refusal to approve transaction or determination of period of approval
Section 61AJ
The applicant for approval
Refusal to extend time for compliance
Section 204 - Broadcasting Services Act 1992 - Appeals to the Administrative Review Tribunal | Zoe
Section 61AK
The applicant
Refusal to extend time for compliance
Section 61AP
The applicant
To affirm or revoke a decision made under subsection 61AZE(1)
Section 61AZF
A person whose interests are affected by the decision made under subsection 61AZE(1)
Refusal to approve temporary breach or determination of period of approval
Subsection 67(4)
The applicant for approval
Refusal to extend time for compliance
Subsection 68(2)
The applicant
Refusal to extend time for compliance
Subsection 71(3)
The applicant
That a person is not a suitable applicant or licensee (Community)
Subsection 83(2)
The person
Variation of licence conditions or imposition of new conditions (Community)
Subsection 87(1)
The licensee
Refusal to approve the transfer of a community broadcasting licence
Section 91A
The applicant or the proposed transferee
That a person is not a suitable applicant or licensee (Temporary community)
Subsection 92D(2)
The person
Variation of licence conditions (other than timing conditions), imposition of new conditions or variation of licence period (Temporary community)
Section 92J
The licensee
Refusal to allocate licence
Subsection 96(1)
The applicant
That a person is not a suitable applicant or licensee
Subsection 98(2)
The person
Variation of conditions or imposition of new conditions
Subsection 99(2)
The licensee
Variation of class licence conditions or imposition of new conditions
Subsection 120(1)
A person operating under the class licence
Refusal of permission
Subsection 121E(1)
The subscription television broadcasting licensee or the related body corporate, as the case may be
Grant of permission
Subsection 121E(1)
A commercial television broadcasting licensee any part of whose licence area is included in the regional area
That subsection 121FC(1) applies to a company
Subsection 121FC(1)
The company
Cancellation of an international broadcasting licence
Subsection 121FK(1)
The licensee
Refusal to make a nominated broadcaster declaration
Section 121FLC
The transmission provider or the content provider
Revocation of a nominated broadcaster declaration
Section 121FLG
The holder of the declaration, or the content provider
Cancellation of an international broadcasting licence
Section 121FLH
The licensee
Refusal to determine that a program is an eligible program
Subsection 121FV(3)
A person whose interests are affected by the decision to refuse to make the determination
Determination that a program is not an eligible program
Subsection 121FV(4)
A person whose interests are affected by the decision to make the determination
Refusal to determine that a program is an eligible Australian program
Subsection 121FW(2)
A person whose interests are affected by the decision to refuse to make the determination
Determination that a program is not an eligible Australian program
Subsection 121FW(3)
A person whose interests are affected by the decision to make the determination
Determination that a person is a provider of an online content service
Subsection 121FZC(4)
A person whose interests are affected by the decision to make the determination
Determination that one or more persons are providers of an online content service
Subsection 121FZC(5) or (6)
A person whose interests are affected by the decision to make the determination
Determination that one or more persons are not providers of an online content service
Subsection 121FZC(7)
A person whose interests are affected by the decision to make the determination
Refusal to determine that an amount is a qualifying expenditure amount of an online content service
Subsection 121FZF(1)
A person whose interests are affected by the decision to refuse to make the determination
Determination that an amount is not a qualifying expenditure amount of an online content service
Subsection 121FZF(2)
A person whose interests are affected by the decision to make the determination
Determination that an amount is total program expenditure for Australia of an online content service
Subsection 121FZF(3)
A person whose interests are affected by the decision to make the determination
Refusal to determine that an amount is not total program expenditure for Australia of an online content service
Subsection 121FZF(4)
A person whose interests are affected by the decision to refuse to make the determination
Determination that an amount is revenue derived by an online content service from Australia
Subsection 121FZF(5)
A person whose interests are affected by the decision to make the determination
Refusal to determine that an amount is not revenue derived by an online content service from Australia
Subsection 121FZF(6)
A person whose interests are affected by the decision to refuse to make the determination
Determination—anti‑avoidance
Subsection 121FZW(1)
A person whose interests are affected by the decision to make the determination
Determination about online content services
Subsection 121FZX(2)
A person whose interests are affected by the decision to make the determination
Refusal to include a code of practice in the Register
Subsection 123(4)
The relevant industry group
To make an exemption order or target reduction order
Section 130ZUA
A person whose interests are affected by the decision to make the exemption order or target reduction order
Refusal to make an exemption order or target reduction order
Section 130ZUA
The applicant
To make an exemption order or target reduction order
Section 130ZY
A person whose interests are affected by the decision to make the exemption order or target reduction order
Refusal to make an exemption order or target reduction order
Section 130ZY
The applicant
To give a remedial direction
Subsection 130ZZP(2)
The person to whom the direction was given
Variation of a remedial direction
Subsection 130ZZP(2)
The person to whom the direction was given
Refusal to revoke a remedial direction
Subsection 130ZZP(2)
The person to whom the direction was given
Suspension or cancellation of licence
Section 143
The licensee
Declaration that a person is a program supplier of a commercial television broadcasting licensee
Subsection 146D(4)
The person
To give a remedial direction
Subsection 146Y(2)
The person to whom the direction was given
Variation of a remedial direction
Subsection 146Y(2)
The person to whom the direction was given
Refusal to revoke a remedial direction
Subsection 146Y(2)
The person to whom the direction was given
Refusal to remit the whole or part of a late payment penalty
Subsection 205AF(3)
The person liable to pay the penalty
Refusal of permission
Subclause 7(2A) of Schedule 2
The licensee seeking the permission
Grant of permission
Subclause 7(2A) of Schedule 2
A commercial television broadcasting licensee where the provision of the services would occur in any part of that licensee’s licence area
Refusal of permission
Subclause 8(3) of Schedule 2
The licensee seeking the permission
Grant of permission
Subclause 8(3) of Schedule 2
A commercial radio broadcasting licensee where the provision of the services would occur in any part of that licensee’s licence area
Refusal of permission
Subclause 9(2A) of Schedule 2
The licensee seeking the permission
Grant of permission
Subclause 9(2A) of Schedule 2
A community broadcasting licensee where the provision of the services would occur in any part of that licensee’s licence area
Refusal to make an exemption determination
Subclause 15(1) or (2) of Schedule 8
The provider of the online content service to which the determination relates
Variation of an exemption determination
Subclause 15(1) or (2) of Schedule 8
The provider of the online content service to which the determination relates
Revocation of an exemption determination
Subclause 15(1) or (2) of Schedule 8
The provider of the online content service to which the determination relates
Refusal to make an exemption determination
Subclause 15(3) or (4) of Schedule 8
The person to whom the determination relates
Variation of an exemption determination
Subclause 15(3) or (4) of Schedule 8
The person to whom the determination relates
Revocation of an exemption determination
Subclause 15(3) or (4) of Schedule 8
The person to whom the determination relates
To give a remedial direction
Subclause 26(2) of Schedule 8
The person to whom the direction was given
Variation of a remedial direction
Subclause 26(2) of Schedule 8
The person to whom the direction was given
Refusal to revoke a remedial direction
Subclause 26(2) of Schedule 8
The person to whom the direction was given
Decisions under a conditional access scheme registered under section 130ZCA
(2) An application may be made to the Administrative Review Tribunal for review of a decision set out in column 1 of the table, but such an application may only be made by the person described in column 2.
Reviewable decisions
Column 1 Column 2
Item Decision Person who may apply
1 Refusal to issue a reception certificate under a conditional access scheme registered under section 130ZCA The applicant
2 Revocation of a reception certificate under a conditional access scheme registered under section 130ZCA The holder of the reception certificate
Decisions under a gambling promotion program standard
(3) An application may be made to the Administrative Review Tribunal for review of a decision made by the ACMA under a gambling promotion program standard, so long as the standard provides that the decision is a reviewable decision for the purposes of this section.
Decisions under the online content service provider rules
(4) An application may be made to the Administrative Review Tribunal for review of a decision made by the ACMA under the online content service provider rules, so long as those rules provide that the decision is a reviewable decision for the purposes of this section.
Online content service provider rules
online content service provider rules has the same meaning as in Schedule 8.