full-source-retrieval-0039Document excerpt 39

(f) the extent to which captioning services are provided by the applicant for television programs transmitted on subscription television services provided by the applicant;

(g) the likely impact of a failure to make the exemption order or target reduction order, as the case may be, on the quantity and quality of television programs transmitted on subscription television services provided by the applicant;

(h) whether the applicant has applied, or has proposed to apply, for exemption orders or target reduction orders under this section in relation to any other subscription television services provided by the applicant;

(i) such other matters (if any) as the ACMA considers relevant.

Consultation

(6) Before making an exemption order, or a target reduction order, under subsection (3), the ACMA must:

(a) within 50 days after receiving the application for the exemption order or target reduction order, as the case may be, publish on the ACMA’s website a notice:

(i) setting out the draft exemption order or draft target reduction order, as the case may be; and

(ii) inviting persons to make submissions to the ACMA about the draft exemption order or draft target reduction order, as the case may be, within 30 days after the notice is published; and

(b) consider any submissions received within the 30‑day period mentioned in subparagraph (a)(ii).

Commencement of exemption order or target reduction order

(7) An exemption order, or a target reduction order, under subsection (3) comes into force at the start of the eligible period to which the exemption order or target reduction order, as the case may be, relates.

Refusal to make exemption order or target reduction order

(8) If:

(a) an application under subsection (1) has been made for an exemption order or target reduction order; and

(b) the ACMA does not make a decision on the application within the period of 90 days beginning at the start of the day on which the ACMA received the application;

the ACMA is taken, at the end of that 90‑day period, to have decided to refuse to make the exemption order or target reduction order, as the case may be.

(9) If:

(a) an application under subsection (1) has been made for an exemption order or target reduction order; and

(b) the ACMA decides to refuse to make the exemption order or target reduction order, as the case may be;

the ACMA must give written notice of the decision to the applicant.

Publication requirement

(10) If the ACMA makes an exemption order or target reduction order under subsection (3), the ACMA must publish a copy of the order on the ACMA’s website.