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BROADCASTING SERVICES ACT 1992 - SECT 91A

Transfer of community broadcasting licences

Application for approval of transfer

             (1)  A community broadcasting licensee may apply to the ACMA for approval of the transfer of the community broadcasting licence to another person.

             (2)  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.

Decision about approval of transfer

             (3)  After considering an application for approval of the transfer of a community broadcasting licence, the ACMA must, by written notice given to the applicant:

                     (a)  approve the transfer; or

                     (b)  refuse to approve the transfer.

Criteria

             (4)  The ACMA must not approve the transfer of a community broadcasting licence that is a broadcasting services bands licence if:

                     (a)  the proposed transferee is not a company that:

                              (i)  was formed in Australia or in an external Territory; and

                             (ii)  represents a community interest; or

                     (b)  in the case of a transfer of a CTV licence--the proposed transferee is not a company limited by guarantee within the meaning of the Corporations Act 2001 ; or

                     (c)  the ACMA decides that subsection 83(2) applies to the proposed transferee.

             (5)  Paragraph (4)(c) does not require the ACMA to consider the application of subsection 83(2) in relation to a proposed transferee before approving the transfer of a licence to the proposed transferee.

             (6)  The ACMA must not approve the transfer of a community broadcasting licence unless the ACMA is satisfied that:

                     (a)  if the licence has not been renewed--the proposed transferee represents the same community interest as the original licensee represented when the licence was allocated; or

                     (b)  if the licence has been renewed on one or more occasions--the proposed transferee represents the same community interest as the applicant for renewal represented when the licence was last renewed.

             (7)  In deciding whether to approve the transfer of a community broadcasting licence, the ACMA must have regard to:

                     (a)  the principle that, except in special circumstances, the transfer should not be approved if consideration has been, or is to be, provided to the applicant in relation to the proposed transfer; and

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

Transfer

             (8)  If the ACMA has approved the transfer of a community broadcasting licence to a particular person, the community broadcasting licensee may, within 90 days after the approval was given, transfer the community broadcasting licence to the person.



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