Document ID: chunk:federal_register_of_legislation:C2008C00351:clause:2_35b
Version: federal_register_of_legislation:C2008C00351
Segment Type: clause
Provision Reference: sch 2 cl 35B
Character Range: 20355–21425

35B  Allocation of new commercial television broadcasting licences

 (1) If:
 (a) a review is conducted under section 35A; and
 (b) after the completion of the report of the review, the Minister is satisfied that a commercial television broadcasting licence should be allocated under section 36 for a particular area of Australia;
the Minister may, within 3 years after the completion of the report of the review, give the ACMA a written direction requiring the ACMA to allocate the licence under section 36 within a specified period.

 (2) The ACMA must comply with a direction under subsection (1).

 (3) The ACMA must not allocate a licence under section 36 unless the ACMA is directed to do so under subsection (1) of this section.

 (4) If:
 (a) a direction is given under subsection (1); and
 (b) as a result, the ACMA allocates a commercial television broadcasting licence under section 36;
the licence is subject to the condition that the licensee may only provide commercial television broadcasting services in digital mode (within the meaning of Schedule 4).