204Appeals to the Administrative Review Tribunal

204  Appeals to the Administrative Review Tribunal Decisions under this Act  (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 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.