Document ID: chunk:federal_register_of_legislation:C2004A00700:clause:2_109a:p2
Version: federal_register_of_legislation:C2004A00700
Segment Type: clause
Provision Reference: sch 2 cl 109A (pt 2/4)
Character Range: 204712–207440

licensee, and any person so authorised, must not operate, or permit the operation of, such a transmitter before 1 January 2007 for transmitting a datacasting service unless there is in force a BSA datacasting licence authorising the provision of that service;
 (i) a condition that the licensee, and any person so authorised, must not operate, or permit the operation of, such a transmitter on or after 1 January 2007 for transmitting a datacasting service unless:
 (i) there is in force a BSA datacasting licence, or another licence allocated by the ABA under the Broadcasting Services Act 1992, authorising the provision of that service; or
 (ii) that service is provided in accordance with a class licence under the Broadcasting Services Act 1992;
 (j) a condition that the licensee, and any person so authorised, will at all times have a constitution;
 (k) such other conditions as are specified in the licence.

 (1A) The ABA must not notify a longer period for the purposes of paragraph (1)(g) unless the ABA is satisfied that there are exceptional circumstances that warrant the longer period.

 (1B) The ABA must not notify a greater number of days for the purposes of paragraph (1)(ga) unless the ABA is satisfied that there are exceptional circumstances that warrant the greater number of days.

Constitution of licensee to contain certain provisions

 (2) A datacasting transmitter licence is subject to the condition that the licensee's constitution will at all times contain provisions under which:
 (a) a person is not eligible to continue to be the holder of shares in the licensee if, because of holding those shares and of any other relevant circumstances, that or some other person would contravene Part 5 of the Broadcasting Services Act 1992; and
 (b) the licensee may secure the disposal of shares held by a person to the extent necessary to prevent a contravention of Part 5 of the Broadcasting Services Act 1992 continuing; and
 (c) a person who becomes the holder of shares in the licensee is required to provide to the licensee a statutory declaration:
 (i) stating whether the shares are held by the person beneficially and, if not, who has beneficial interests in the shares; and
 (ii) stating whether the person, or any person who has a beneficial interest in the shares, is in a position to exercise control of a commercial television broadcasting licence, and giving particulars of any such position; and
 (d) a person holding shares in the licensee may be required by the licensee, from time to time, to provide to the licensee statutory declarations concerning matters relevant to the person's eligibility to continue to be the holder of those shares having regard to the provisions of Part 5 of