Document ID: chunk:federal_register_of_legislation:C2004A00586:clause:3_9
Version: federal_register_of_legislation:C2004A00586
Segment Type: clause
Provision Reference: sch 3 cl 9
Character Range: 47925–49334

9  After subclause 9(2) of Schedule 2
Insert:

 (2A) Each community broadcasting licence is also subject to the condition that the licensee will not provide community broadcasting services under the licence outside the licence area of the licence unless:
 (a) the provision of those services outside that licence area occurs accidentally; or
 (b) the provision of those services outside that licence area occurs as a necessary result of the provision of community broadcasting services within the licence area; or
 (c) both:
 (i) the licensee satisfies the ABA that the provision of those services outside that licence area occurs in exceptional circumstances; and
 (ii) the ABA has given permission in writing; or
 (d) all of the following subparagraphs apply:
 (i) the first‑mentioned licensee satisfies the ABA that there is a person (the eligible person) who is in a community broadcasting licence area (the second licence area) that is not the same as the first‑mentioned licence area and who is not receiving adequate reception of a community broadcasting service provided by a community broadcasting licensee for the second licence area;
 (ii) the provision of the first‑mentioned services outside the first‑mentioned licence area occurs only to the extent necessary to provide adequate reception of the first‑mentioned services to the eligible person;
 (iii) the ABA has given permission in writing.