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Prior approval for temporary breaches

We can approve some control activities that would normally breach the Broadcasting Services Act (BSA).

Statutory control breaches

Parties can apply to us for prior approval of breaches of the BSA over limitations on control and directorships.

If we approve the application, then the transaction or agreement can go ahead without an offence against the Act.

  • We must receive applications before the transaction or agreement occurs
  • We can ask for more information within 30 days of getting your application.
  • We will make a decision within 45 days of receiving an application or further information we've requested

Media diversity breaches

We can give prior approval for transactions that cause ‘unacceptable media diversity situations’. But we must receive an application in advance that shows how the situation will be fixed in an acceptable period of time.

We can issue a notice asking for certain action as a condition of approval. We may accept an enforceable undertaking. This will describe the action you must take and alternative action if the proposal doesn't work out.

Applicants must convince us that the approval is consistent with the scheme and objects of the Act. Breaches of the law without prior approval can lead to criminal and civil penalties.

How to apply

There are two forms for prior approvals:

  • ACMA B7 - Application for prior approval to a temporary breach of the Statutory Control Rules
  • ACMA B11 - Application for prior approval of a transaction resulting in unacceptable media diversity situation.

Forms should be submitted to control@acma.gov.au.

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