Document ID: chunk:federal_register_of_legislation:C2006A00129:clause:2_43b
Version: federal_register_of_legislation:C2006A00129
Segment Type: clause
Provision Reference: sch 2 cl 43B
Character Range: 77303–78768

43B  Local presence—regional commercial radio broadcasting licences

 (1) The ACMA must ensure that, at all times after the commencement of this section, there is in force under section 43 a condition that has the effect of requiring that, if a trigger event for a regional commercial radio broadcasting licence occurs, then, after the occurrence of the event, the licensee must maintain at least the existing level of local presence.

 (2) The condition must define existing level of local presence for the purposes of the condition.

 (3) The definition must deal with:
 (a) staffing levels; and
 (b) studios and other production facilities.

 (4) Subsection (3) does not limit subsection (2).

 (5) To avoid doubt, this section does not create any obligations under subsection 43(2) that would not exist apart from this section.

 (6) Subsection 43(5) does not apply to the condition.

 (7) This section does not limit the powers conferred on the ACMA by section 43 to impose, vary or revoke other conditions.

 (8) The Minister may give the ACMA a written direction about the fulfilment of the obligation imposed on the ACMA by this section.

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

 (10) In this section:

regional commercial radio broadcasting licence has the same meaning as in Division 5C of Part 5.

staff includes individuals engaged as independent contractors.

trigger event has the same meaning as in Division 5C of Part 5.