Commonwealth Consolidated Acts

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BROADCASTING SERVICES ACT 1992 - SECT 40

Allocation of other licences

             (1)  The ACMA may allocate to a person, on application in writing by the person, a commercial television broadcasting licence or a commercial radio broadcasting licence that is not a licence referred to in subsection 36(1).

          (1A)  Licences under subsection (1) are to be allocated on the basis of one licence per service.

             (2)  Before allocating a licence referred to in subsection (1), the ACMA is to designate a particular area in Australia as the licence area of the licence.

             (3)  Applications must:

                     (a)  be in accordance with a form approved in writing by the ACMA; and

                     (b)  be accompanied by the application fee determined in writing by the ACMA.

             (4)  If the ACMA makes a decision under subsection (1) or (2), the ACMA must publish in the Gazette details of the allocation or the designation of a licence area.

Referral of application to the Minister

             (5)  Before allocating a commercial television broadcasting licence under subsection (1), the ACMA must refer the application to the Minister.

             (6)  If an application for a commercial television broadcasting licence is referred to the Minister under subsection (5), the ACMA must not make a decision about the application until the Minister:

                     (a)  gives a direction under subsection (7) in relation to the application; or

                     (b)  gives a notice under subsection (9) in relation to the application.

             (7)  If:

                     (a)  an application for a commercial television broadcasting licence is referred to the Minister under subsection (5); and

                     (b)  the Minister is of the opinion that the proposed commercial television broadcasting service is likely to be contrary to the public interest;

the Minister must, by written notice given to the ACMA, direct the ACMA not to allocate the licence to the applicant.

             (8)  The ACMA must comply with a direction under subsection (7).

             (9)  If:

                     (a)  an application for a commercial television broadcasting licence is referred to the Minister under subsection (5); and

                     (b)  the Minister is not of the opinion that the proposed commercial television broadcasting service is likely to be contrary to the public interest;

the Minister must, by written notice given to the ACMA, inform the ACMA that he or she has no objection to the allocation of the licence to the applicant.

Minister may request additional information

           (10)  If an application is referred to the Minister under subsection (5), and the Minister considers that additional information is required before the Minister can decide whether to:

                     (a)  give a direction under subsection (7) in relation to the application; or

                     (b)  give a notice under subsection (9) in relation to the application;

the Minister may, by written notice given to the applicant within 30 days after the day on which the application is referred to the Minister, request the applicant to provide that information.

           (11)  If the Minister requests additional information under subsection (10), the Minister must give the ACMA a copy of the request.

Decision to be made within 60 days

           (12)  If the Minister does not, within 60 days after the day on which:

                     (a)  an application is referred to the Minister under subsection (5); or

                     (b)  if the Minister requests additional information under subsection (10)--that additional information is received;

do either of the following:

                     (c)  give a direction under subsection (7) in relation to the application;

                     (d)  give a notice under subsection (9) in relation to the application;

then the Minister is taken to have given a notice under subsection (9) in relation to the application.

Licence condition

           (13)  If the ACMA allocates a commercial television broadcasting licence under subsection (1), the licence is subject to the condition that the licensee may only provide the commercial television broadcasting service concerned in digital mode (within the meaning of Schedule 4).



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