(1) The ACMA is not to allocate a temporary community broadcasting licence to an applicant unless the applicant:
(a) is a company that is formed in Australia or in an external Territory; and
(b) represents a community interest.
(2) The ACMA is not to allocate a licence to an applicant if the ACMA decides that subsection 92D(2) applies to the applicant in relation to the licence. However, the ACMA is not required to consider the application of subsection 92D(2) to the applicant before allocating the licence.
(3) The ACMA may refuse to allocate a licence to an applicant if the applicant was a temporary community broadcasting licensee for a period but did not provide community broadcasting services in that period. This subsection does not limit the ACMA's discretion to refuse to allocate a licence.