Document ID: chunk:federal_register_of_legislation:C2004A04989:body:0:p5
Version: federal_register_of_legislation:C2004A04989
Segment Type: other
Provision Reference: 
Character Range: 10004–12715

in breach of ownership limits

Exemption from ownership limits

"73.(1) If an additional licence has been allocated under section 38A to the holder of an existing licence, the existing licence and additional licence arc to be treated for the purposes of this Part as being only one licence during the following periods:

   (a) the period of 5 years after the date of allocation of the additional licence: and

   (b) any additional period granted by the ABA under this section.

Cessation of exemption

"(2) This section does not apply to the licences at any time after the licences are first held by different persons (whether or not they continue to be Kid by different persons).

Extension of exemption period

"(3) The licensee may apply to the ABA in writing for an additional period. The application must be made between 3 and 6 months before the end of the current period that applies under subsection (1).

"(4) If the ABA is satisfied that it is unlikely that another person:

   (a) would be interested in operating a second commercial television broadcasting service in the same licence area; and

   (b) would be in a position to operate that second service;

the ABA may, in writing, grant an additional period of not more than 5 years.

"(5) If, within 45 days after the application is made, the ABA does not either:

   (a) refuse to grant an extension; or

   (b) grant an extension of a specified period;

the ABA is taken to have granted an additional period of 5 years.

"(6) There is no limit to the number of additional periods that may be granted.".

Register of matters under this Part

7. Section 75 of the Principal Act is amended:

    (a) by inserting before paragraph (1)(a) the following paragraph:

    "(aa) licences granted under section 38A; and";

    (b) by omitting from paragraph (1)(f) "approvals given" and substituting "additional periods granted".

Minister may protect the free availability of certain types of programs

8. Section 115 of the Principal Act is amended:

    (a) by omitting from subsection (1) or the live televising of which, ";

    (b) by omitting subsection (2) and substituting the following subsections:

    "(1A) The Minister may, by notice published in the Gazette, amend a notice under subsection (1) to specify an additional event, or events of a kind, the televising of which should, in the opinion of the Minister, be available free to the public.

    "(1B) Subject to subsection (2), an event specified in a notice under subsection (1) is taken to be removed from the notice 168 hours after the end of the event, unless the Minister publishes in the Gazette before that time a declaration that the event continues to be specified in the