Document ID: chunk:federal_register_of_legislation:C2024C00823:section:118ng
Version: federal_register_of_legislation:C2024C00823
Segment Type: section
Provision Reference: s 118NG
Character Range: 263154–265214

118NG  Duration of access undertakings etc.

Duration of access undertaking accepted by ACCC
 (1) If:
 (a) a digital radio multiplex transmitter licensee gives an access undertaking to the ACCC; and
 (b) the ACCC accepts the access undertaking;
the access undertaking:
 (c) comes into force at the time of acceptance; and
 (d) remains in force while the licence is in force; and
 (e) is suspended while the licence is suspended.

Duration of access undertaking determined by ACCC
 (2) If, under subsection 118NF(5), the ACCC determines that an undertaking is the access undertaking in relation to a digital radio multiplex transmitter licence, the access undertaking:
 (a) comes into force when the determination is made; and
 (b) remains in force while the licence is in force; and
 (c) is suspended while the licence is suspended.

Transfer of digital radio multiplex transmitter licence
 (3) To avoid doubt, if:
 (a) an access undertaking is in force in relation to a digital radio multiplex transmitter licence; and
 (b) the licence is transferred;
then:
 (c) the transfer does not result in the lapse of the access undertaking; and
 (d) the transferee, and any person authorised by the transferee to operate a multiplex transmitter under the licence, is bound by the access undertaking.
 (4) Subsection (3) does not prevent the variation of an access undertaking.

Renewal of digital radio multiplex transmitter licence
 (5) If:
 (a) a digital radio multiplex transmitter licence is renewed; and
 (b) immediately before the expiry of the original licence, an access undertaking was in force in relation to the original licence;
the access undertaking:
 (c) remains in force while the new licence is in force, as if:
 (i) it were an access undertaking in relation to the new licence; and
 (ii) each reference in the access undertaking to a holder of the original licence were a reference to a holder of the new licence; and
 (d) is suspended while the new licence is suspended.
 (6) Subsection (5) does not prevent the variation of an access undertaking.