(3) If the ACMA relies on a notification or notifications given, or purportedly given, under Division 6, the ACMA must make the relevant entry within 2 business days after receiving the notification or the last of the notifications.
(4) If the ACMA makes an entry under subsection (1), the ACMA is to include in the Register a note to the effect that the entry is unconfirmed.
Register frozen while ACMA reconsideration is pending or ART/court proceedings are pending
(5) If:
(a) the ACMA makes a decision under this Subdivision in connection with a registrable media group in relation to the licence area of a commercial radio broadcasting licence; and
(b) any of the following subparagraphs applies:
(i) in the case of a decision under subsection 61AZE(1)—a person applies to the ACMA for a reconsideration of the decision;
(ii) in the case of a decision under section 61AZF—a person applies to the Administrative Review Tribunal for a review of the decision;
(iii) in any case—a person applies to a court for an order of review, a writ of mandamus or prohibition, or an injunction, in relation to the decision;
then:
(c) despite subsection (1), the ACMA must not enter any other registrable media group in relation to that licence area in the Register under that subsection during the period (the pending period) when that application has not been finalised unless the ACMA is satisfied that, assuming that the decision were not to be set aside or revoked, the coming into existence of the media group does not have the result that:
(i) an unacceptable media diversity situation comes into existence in relation to the licence area of a commercial radio broadcasting licence; or
(ii) if an unacceptable media diversity situation already exists in relation to the licence area of a commercial radio broadcasting licence—there is a reduction in the number of points in the licence area; and
(d) if the ACMA is satisfied that another registrable media group in relation to that licence area has come into existence during the pending period—subsection (3) has effect, in relation to the other registrable media group, as if the relevant notification, or the last of the relevant notifications, as the case may be, had been received on the first day after the end of the pending period.
(6) For the purposes of subsection (5), an application for reconsideration of a decision is taken not to have been finalised during the period of 28 days beginning on:
(a) if, because of the operation of subsection 61AZF(9), the decision is taken to be affirmed—the day on which the decision is taken to have been affirmed; or
(b) in any other case—the day on which the decision on the reconsideration is notified to the person concerned.
(7) For the purposes of subsection (5), if:
(a) a person applied to the Administrative Review Tribunal for a review of a decision; and
(b) the Administrative Review Tribunal makes a decision on the application;
the application is taken not to have been finalised during the period within which a person may appeal to the Federal Court under section 172 of the Administrative Review Tribunal Act 2024 from the decision mentioned in paragraph (b).
(8) For the purposes of subsection (5), if:
(a) a person applied to the Administrative Review Tribunal for a review of a decision; and
(b) the Administrative Review Tribunal made a decision on the application; and
(c) a person appeals from the decision to the Federal Court; and
(d) the Court makes a decision on the appeal;
the application is taken not to have been finalised during the period of 28 days beginning on the day on which the decision mentioned in paragraph (d) is made.
(9) For the purposes of subsection (5), if:
(a) a person applied to a court for an order of review, a writ of mandamus or prohibition, or an injunction, in relation to a decision; and
(b) the court makes a decision on the application;
the application is taken not to have been finalised during the period of 28 days beginning on the day on which the decision mentioned in paragraph (b) is made.
(10) For the purposes of subsection (5), if:
(a) a person applied to a court for an order of review, a writ of mandamus or prohibition, or an injunction, in relation to a decision; and
(b) the court made a decision on the application; and
(c) the decision became the subject of an appeal; and
(d) the court or another court makes a decision on the appeal; and
(e) the decision mentioned in paragraph (d) could be the subject of an appeal;
the application is taken not to have been finalised during the period of 28 days beginning on the day on which the decision mentioned in paragraph (d) is made.
(11) The regulations may provide that, in specified circumstances, an application is taken, for the purposes of subsection (5), not to have been finalised during a period ascertained in accordance with the regulations.
(12) The regulations may extend the period referred to in subsection (6), (7), (8), (9) or (10).
61AZA De‑registration of media group that has ceased to exist
(1) If the ACMA is satisfied that a registered media group has ceased to exist on or after 1 February 2007, the ACMA must remove the group’s entry from the Register.
(2) For the purposes of subsection (1), the ACMA may rely on one or more notifications given, or purportedly given, under Division 6 on or after 1 February 2007.
(3) If the ACMA relies on a notification or notifications given, or purportedly given, under Division 6, the ACMA must remove the relevant entry within 2 business days after receiving the notification or the last of the notifications.
(4) If, under subsection (1), the ACMA removes a group’s entry from the Register, the ACMA must include in the Register a note to the effect that the removal is unconfirmed.
61AZB Registration of change of controller of registered media group
(1) If the ACMA is satisfied that:
(a) a person who is not a registered controller of a registered media group has become a controller of the group on or after 1 February 2007; or
(b) a registered controller of a registered media group has ceased to be a controller of the group on or after 1 February 2007;
the ACMA must:
(c) if paragraph (a) applies—alter the group’s entry in the Register by adding the name of the controller concerned; or
(d) if paragraph (b) applies—alter the group’s entry in the Register by omitting the name of the controller concerned.
(2) For the purposes of subsection (1), the ACMA may rely on one or more notifications given, or purportedly given, under Division 6 on or after 1 February 2007.
(3) If the ACMA relies on a notification or notifications given, or purportedly given, under Division 6, the ACMA must make the relevant alteration within 2 business days after receiving the notification or the last of the notifications.
(4) If the ACMA makes an alteration under subsection (1), the ACMA must include in the Register a note to the effect that the alteration is unconfirmed.
61AZC Registration of change of composition of media group
(1) If the ACMA is satisfied that:
(a) one or more of the media operations in a registered media group have ceased to be in that group on or after 1 February 2007; and
(b) the group continues in existence;
the ACMA must alter the group’s entry in the Register by omitting the name or names of the media operations referred to in paragraph (a).
(2) For the purposes of subsection (1), the ACMA may rely on one or more notifications given, or purportedly given, under Division 6 on or after 1 February 2007.
(3) If the ACMA relies on a notification or notifications given, or purportedly given, under Division 6, the ACMA must make the relevant alteration within 2 business days after receiving the notification or the last of the notifications.
(4) If the ACMA makes an alteration under subsection (1), the ACMA is to include in the Register a note to the effect that the alteration is unconfirmed.
61AZCA ACMA must deal with notifications in order of receipt
(1) For the purposes of sections 61AY, 61AZ, 61AZA, 61AZB and 61AZC, the ACMA must deal with notifications given, or purportedly given, under Division 6 in order of receipt.
(2) Subsection (1) has effect subject to subsection 61AZ(5).
61AZD Conditional transactions
Entry of media group
(1) If:
(a) a person is a party to a proposed transaction; and
(b) the proposed transaction is subject to the condition that the ACMA enters a proposed media group in the Register; and
(c) the person requests the ACMA to assume, for the purposes of this Subdivision, that the proposed transaction:
(i) had been completed; and
(ii) were not subject to that condition; and
(d) the ACMA is satisfied that:
(i) the parties to the proposed transaction are acting in good faith; and
(ii) if the media group were to be entered in the Register on the basis of the assumption mentioned in paragraph (c)—the proposed transaction will be completed within 5 business days after the making of the relevant entry in the Register;
then, for the purposes of this Subdivision, the ACMA may make the assumption mentioned in paragraph (c).
Removal of entry of media group
(2) If:
(a) a person is a party to a proposed transaction; and
(b) the proposed transaction is subject to the condition that the ACMA removes a media group’s entry from the Register; and
(c) the person requests the ACMA to assume, for the purposes of this Subdivision, that the proposed transaction:
(i) had been completed; and
(ii) were not subject to that condition; and
(d) the ACMA is satisfied that:
(i) the parties to the proposed transaction are acting in good faith; and
(ii) if the media group’s entry were to be removed from the Register on the basis of the assumption mentioned in paragraph (c)—the proposed transaction will be completed within 5 business days after the removal of the relevant entry from the Register;
then, for the purposes of this Subdivision, the ACMA may make the assumption mentioned in paragraph (c).
Alteration of entry of media group
(3) If:
(a) a person is a party to a proposed transaction; and
(b) the proposed transaction is subject to the condition that the ACMA alters a media group’s entry in the Register; and
(c) the person requests the ACMA to assume, for the purposes of this Subdivision, that the proposed transaction:
(i) had been completed; and
(ii) were not subject to that condition; and
(d) the ACMA is satisfied that:
(i) the parties to the proposed transaction are acting in good faith; and
(ii) if the media group’s entry in the Register were to be altered on the basis of the assumption mentioned in paragraph (c)—the proposed transaction will be completed within 5 business days after the making of the relevant alteration in the Register;
then, for the purposes of this Subdivision, the ACMA may make the assumption mentioned in paragraph (c).
Requests
(4) A request under subsection (1), (2) or (3) must be:
(a) in a form approved in writing by the ACMA; and
(b) accompanied by such information as the ACMA requires.
(5) An approved form of a request may provide for verification by statutory declaration of information accompanying requests.
61AZE Review and confirmation of entries and alterations etc.
Review
(1) If the ACMA:
(a) enters a media group in the Register under subsection 61AY(1) or 61AZ(1); or
(b) removes a media group’s entry from the Register under subsection 61AZA(1); or
(c) makes an alteration to a media group’s entry in the Register under subsection 61AZB(1) or 61AZC(1);
the ACMA must review the entry, removal or alteration, and make a decision:
(d) confirming the relevant entry, removal or alteration; or
(e) cancelling the relevant entry, removal or alteration.
Confirmation
(2) If the ACMA confirms the relevant entry, removal or alteration, the ACMA must remove from the Register the note stating that the entry, removal or alteration is unconfirmed.
Cancellation
(3) If the ACMA cancels an entry, the ACMA must:
(a) remove the entry from the Register; and
(b) remove from the Register the note stating that the entry is unconfirmed.
(4) If the ACMA cancels the removal of an entry, the ACMA must:
(a) restore the entry to the Register; and
(b) remove from the Register the note stating that the removal is unconfirmed.
(5) If the ACMA cancels an alteration, the ACMA must:
(a) reverse the alteration; and
(b) remove from the Register the note stating that the alteration is unconfirmed.
ACMA not required to rely on notifications
(6) To avoid doubt, in exercising its powers under subsection (1), the ACMA is not required to rely on a notification given, or purportedly given, under Division 6.
Conditional transactions
(7) If:
(a) under subsection (1), the ACMA reviews an entry or alteration; and
(b) the entry or alteration was made on the assumption that a proposed transaction had been completed (see section 61AZD); and
(c) the ACMA is not satisfied that the proposed transaction was completed within 5 business days after the making of the entry or alteration;
the ACMA must make a decision under subsection (1) cancelling the entry or alteration.
(8) If:
(a) under subsection (1), the ACMA reviews a removal of an entry; and
(b) the removal was done on the assumption that a proposed transaction had been completed (see section 61AZD); and
(c) the ACMA is not satisfied that the proposed transaction was completed within 5 business days after the removal;
the ACMA must make a decision under subsection (1) to cancel the removal.
ACMA may request additional information
(9) If:
(a) under subsection (1), the ACMA reviews an entry, removal or alteration; and
(b) the ACMA considers that additional information is required before the ACMA can make a decision under subsection (1);
the ACMA may, within 14 days after the relevant entry, removal or alteration, by written notice given to a person, request the person to provide that information.
Deadline
(10) If the ACMA does not, within 28 days after:
(a) doing whichever of the following is applicable:
(i) entering a media group in the Register under subsection 61AY(1) or 61AZ(1);
(ii) removing a media group’s entry from the Register under subsection 61AZA(1);
(iii) making an alteration to a media group’s entry in the Register under subsection 61AZB(1) or 61AZC(1); or
(b) if the ACMA has requested further information—receiving that further information;
make a decision under subsection (1):
(c) confirming the relevant entry, removal or alteration; or
(d) cancelling the relevant entry, removal or alteration;
the ACMA is taken to have made a decision under subsection (1) at the end of that 28‑day period confirming the relevant entry, removal or alteration.
61AZF Reconsideration of decisions
Applications for reconsideration of decisions
(1) A person:
(a) whose interests are affected by a decision under subsection 61AZE(1); and
(b) who is dissatisfied with the decision;
may apply to the ACMA for the ACMA to reconsider the decision.
(2) The application must:
(a) be in a form approved in writing by the ACMA; and
(b) set out the reasons for the application.
(3) The application must be made within 7 days after the taking of the action required by subsection 61AZE(2), (3), (4) or (5) to give effect to the decision.
(4) An approved form of an application may provide for verification by statutory declaration of statements in applications.
Reconsideration of decisions—application
(5) Upon receiving an application under subsection (1), the ACMA must:
(a) reconsider the decision; and
(b) affirm or revoke the decision.
(6) The ACMA’s decision on reconsideration of a decision has effect as if it had been made under subsection 61AZE(1).
(7) The ACMA must give to the applicant a notice stating its decision on the reconsideration.
ACMA may request additional information
(8) If:
(a) an application is made under subsection (1); and
(b) the ACMA considers that additional information is required before the ACMA can make a decision under subsection (5);
the ACMA may, within 14 days after receiving the application, by written notice given to:
(c) the applicant; or
(d) any other person;
request the applicant or other person to provide that information.
(9) If the ACMA does not, within 28 days after:
(a) receiving an application under subsection (1); or
(b) if the ACMA has requested further information—receiving that further information;
make a decision under subsection (5), the ACMA is taken to have made a decision under subsection (5) at the end of that 28‑day period affirming the original decision.
Reconsideration of decisions—ACMA’s own initiative
(10) The ACMA may, at any time:
(a) reconsider a decision made under subsection 61AZE(1); and
(b) affirm or revoke the decision.
(11) The ACMA’s decision on reconsideration of a decision has effect as if it had been made under subsection 61AZE(1).
61AZG Corrections of clerical errors or obvious defects
The ACMA may alter the Register for the purposes of correcting a clerical error or an obvious defect in the Register.
61AZH Regulations
The regulations may make further provision about the operation of the Register.
Division 5B—Disclosure of cross‑media relationships
61BA Definitions
In this Division:
media operation means:
(a) a commercial television broadcasting licence; or
(b) a commercial radio broadcasting licence; or
(c) a newspaper that is associated with the licence area of a commercial television broadcasting licence or a commercial radio broadcasting licence.
prime‑time hours means the hours:
(a) beginning at 6 am each day or, if another time is prescribed, beginning at that prescribed time each day; and
(b) ending at 10 am on the same day or, if another time is prescribed, ending at that prescribed time on the same day.