Broadcasting Act 2009
F199[Procedure for proposals and orders under section 139B.
139C.— (1) The Commission may make a proposal under section 139B(1) only if—
(a) the Commission has published a draft of the proposal in a way that it thinks appropriate to bring it to the attention of members of the public,
(b) it has published with the draft a notice stating how members of the public may submit comments to it, and within what time,
(c) it has consulted about the draft any advisory committee it has established for that purpose under section 19,
(d) it has carried out any other consultation that it considers appropriate on the draft, and
(e) it has considered any comments submitted to it in accordance with a notice under paragraph (b) or in consultation under this subsection.
(2) On receiving a proposal the Minister shall—
(a) consult the Joint Oireachtas Committee,
(b) consider the proposal in the light of that consultation and any other consultation the Minister considers appropriate, and
(c) respond to the Commission within a reasonable time.
(3) The Minister’s response must be either—
(a) to accept the proposal for consideration by the Government, or
(b) to request the Commission to reconsider the proposal.
(4) The Minister may make an order under section 139B(1) giving effect to a proposal only if—
(a) the Minister has accepted the proposal for consideration by the Government, and
(b) the Government has approved the proposal.
(5) The Minister may accept a proposal for consideration, and the Government may approve a proposal, only if satisfied of the matters listed in section 139B(4).
(6) In deciding whether to accept or approve a proposal, the Minister and the Government shall have regard in particular to the matters listed in section 139B(5).
(7) Where an order is proposed to be made under section 139B(1), a draft of the order shall be laid by the Minister before each House of the Oireachtas and the order shall not be made unless a resolution approving the draft has been passed by each such House.]
Annotations
Amendments:
F199
Inserted (15.03.2023) by Online Safety and Media Regulation Act 2022 (41/2022), s. 45, S.I. No. 71 of 2023.