Document ID: chunk:federal_register_of_legislation:C2020A00100:clause:1_8ae:p1
Version: federal_register_of_legislation:C2020A00100
Segment Type: clause
Provision Reference: sch 1 cl 8AE (pt 1/2)
Character Range: 3530–6223

8AE  Local content exemption period—regional commercial radio broadcasting licensee
 (1) For the purposes of this Act, a local content exemption period, for the licensee of a regional commercial radio broadcasting licence, is:
 (a) if:
 (i) the ACMA, by legislative instrument, specifies a period in relation to one or more specified regional commercial radio broadcasting licensees; and
 (ii) the period does not exceed 5 weeks; and
 (iii) the licensees specified in the instrument consist of or include the licensee;
  that period; or
 (b) if:
 (i) paragraph (a) does not apply; and
 (ii) the ACMA, by legislative instrument, specifies 2 periods in relation to one or more specified regional commercial radio broadcasting licensees; and
 (iii) the periods, in aggregate, do not exceed 5 weeks; and
 (iv) the licensees specified in the instrument consist of or include the licensee;
  each of those periods; or
 (c) if:
 (i) neither paragraph (a) nor (b) applies; and
  (ii) the ACMA, by legislative instrument, specifies a period; and
 (iii) the period does not exceed 5 weeks;
  that period; or
 (d) if:
 (i) none of paragraphs (a), (b) or (c) apply; and
 (ii) the ACMA, by legislative instrument, specifies 2 periods; and
 (iii) the periods, in aggregate, do not exceed 5 weeks;
  each of those periods; or
 (e) if:
 (i) none of paragraphs (a), (b), (c) or (d) apply; and
 (ii) the licensee, by written notice given to the ACMA, specifies a period; and
 (iii) the period does not exceed 5 weeks;
  that period; or
 (f) if:
 (i) none of paragraphs (a), (b), (c), (d) or (e) apply; and
 (ii) the licensee, by written notice given to the ACMA, specifies 2 periods; and
 (iii) the periods, in aggregate, do not exceed 5 weeks;
  each of those periods; or
 (g) if none of paragraphs (a), (b), (c), (d), (e) or (f) apply—the 5‑week period beginning on the second Sunday in December each financial year.
 (2) A period specified under subsection (1) may be:
 (a) a period that occurs only once; or
 (b) a recurring period.

Notice given to the ACMA—requirements
 (3) A notice under paragraph (1)(e) or (f) must be given to the ACMA at least 21 days before the earlier of:
 (a) the start of the next local content exemption period that, disregarding the notice, would be applicable to the licensee giving the notice; and
 (b) whichever of the following times is applicable:
 (i) in the case of a notice under paragraph (1)(e)—the start of the period specified in the notice;
 (ii) in the case of a notice under paragraph (1)(f)—the start of the earlier of the periods specified in the notice.
 (4) A regional commercial radio broadcasting licensee may only give the ACMA one notice under subsection