Broadcasting Act 1994 · 2020 Revised Edition · Part 4 · Broadcasting Services
19. “Must carry” provision
Feedback & supportDespite anything in this Act but subject to this section, the Authority may, by a direction in writing, require a broadcasting licensee to provide for transmission and reception any broadcasting service which is —
provided by any other person for such transmission and reception; and
specified in its licence or is of a description so specified.
Where the Authority gives a direction under this section, the broadcasting licensee to whom the direction is given must comply with the requirements of the direction until it is withdrawn.
Where it is proposed to give a direction under this section, the Authority must give notice to the broadcasting licensee —
stating that the Authority proposes to give directions in the manner specified in the notice and the compensation payable (if any) for the damage caused by the direction; and
specifying the time (being at least 28 days from the date the notice is served on the broadcasting licensee) within which written representations with respect to the proposed directions may be made.
Upon receiving any written representation mentioned in subsection (3)(b), the Authority must consider the representation and may —
reject the representation; or
amend the proposed direction or compensation payable in accordance with the representation, or otherwise,and, in either event, must thereupon issue a direction in writing to the broadcasting licensee requiring that effect be given to the proposed direction specified in the notice or to such direction as subsequently amended by the Authority within a reasonable time.
Any broadcasting licensee aggrieved by a decision of the Authority under subsection (4) may, within 14 days of receiving the direction, appeal to the Minister whose decision is final.
The Authority must not enforce a direction given under subsection (4) —
during the period mentioned in subsection (5); and
while the broadcasting licensee’s appeal is under consideration by the Minister.
If no written representation is received by the Authority within the time specified in subsection (3) or if any written representation made under that subsection is withdrawn, the Authority may immediately give effect to the requirements of the direction given under this section.