Document ID: chunk:federal_register_of_legislation:C2004A04989:body:0:p4
Version: federal_register_of_legislation:C2004A04989
Segment Type: other
Provision Reference: 
Character Range: 7525–10254

following situations exists:

       (i) more than 30% of the licence area population of the licence area of that other licence is also attributable to the area that overlaps with the licence area of the parent licence;

       (ii) more than one commercial radio broadcasting licence is in force with the same licence area as that other licence.

Technical specifications for additional licence

"(6) The ABA must make a determination in writing setting out the technical specifications that apply to the additional licence. The ABA is not required to make the determination if a plan under section 26 applies to the licence area of the additional licence.

"(7) For the purposes of this Act and section 109 of the Radiocommunications Act 1992, the technical specifications are taken to have been determined under section 26 of this Act.

Fee for additional licence

"(8) On allocation of the additional licence, the applicant must pay to the ABA a fee determined by the ABA. The fee must not be more than the amount that, in the opinion of the ABA, represents1 the costs (including planning costs) incurred by the ABA in allocating the additional licence.

Licence conditions

"(9) On the allocation of the additional licence, it becomes a condition of both the parent licence and the additional licence that the licensee will continue to provide services under those licences for at least 2 years after the date of allocation of the additional licence.

Restrictions on transfer of licences

"(10) During the period of 2 years after the date of allocation of the additional licence, any attempt by any person to transfer either the parent licence or the additional licence is of no effect unless both of those licences are transferred at the same time by the same person to the same transferee.

Section 37 restrictions apply

"(11) This section has effect subject to section 37.

Section 29 does not apply in some cases

"(12) If the licence area of the parent licence is not provided for under a licence area plan under section 26, then section 29 does not apply to the allocation of the additional licence.".

Foreign person not to be in position to control commercial television broadcasting licence

5. Section 57 of the Principal Act is amended by omitting subsection (2).

Repeal of section 73 and substitution of new section

6. Section 73 of the Principal Act is repealed and the following section is substituted:

Additional licence under section 38A not to result 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