Document ID: chunk:federal_register_of_legislation:C2011A00036:clause:1_7
Version: federal_register_of_legislation:C2011A00036
Segment Type: clause
Provision Reference: sch 1 cl 7
Character Range: 8322–9905

7  At the end of section 26
Add:

Planning criteria—before designated re‑stack day
 (7) Paragraphs 23(a) and (b) do not apply in relation to:
 (a) the preparation of a television licence area plan for a particular area; or
 (b) the variation of a television licence area plan for a particular area; or
 (c) the performance of a function, or the exercise of a power, by the ACMA under a television licence area plan for a particular area;
before the designated re‑stack day for the area.
Note: For designated re‑stack day, see subsection 26(1K).

Ministerial direction
 (8) The Minister may, by legislative instrument, direct the ACMA about the exercise of its powers to make or vary a television licence area plan for a particular area.
 (9) The ACMA must comply with a direction under subsection (8).
 (10) Subsections (8) and (9) cease to have effect in relation to a particular area at the start of the designated re‑stack day for the area.

Legislative instruments
 (11) If a determination made by the ACMA under a television licence area plan is in writing, the determination is not a legislative instrument.
 (12) An instrument under paragraph (1K)(b) is not a legislative instrument.

Definitions
 (13) In this section:
national television broadcasting service has the same meaning as in Schedule 4.
simulcast‑equivalent period has the same meaning as in Schedule 4.
simulcast period has the same meaning as in Schedule 4.
television broadcasting service means a broadcasting service that provides television programs.
Note: For designation of licence areas, see section 29.