Document ID: chunk:federal_register_of_legislation:C2024C00854:section:152:p3
Version: federal_register_of_legislation:C2024C00854
Segment Type: section
Provision Reference: s 152 (pt 3/6)
Character Range: 596779–599434

period covered by the order.
 (9) If a broadcaster that is:
 (a) the holder of a licence allocated by the Australian Communications and Media Authority under the Broadcasting Services Act 1992 that authorises the holder to broadcast radio programs; or
 (b) a person authorised by a class licence determined by that Authority under that Act to broadcast radio programs;
has, with the permission of that Authority, adopted an accounting period ending on a day other than 30 June, the reference in subsection (8) to 30 June is, in relation to that broadcaster, a reference to that other day.
 (10) Subsection (8) does not apply to an order in relation to a broadcaster unless:
 (a) the broadcaster establishes to the satisfaction of the Tribunal the amount of the gross earnings of the broadcaster during the period in respect of which those earnings are to be determined; and
 (b) the broadcaster carried on the transmission of programmes by way of sound broadcasting throughout the whole of that period.
 (11) Where an application is made to the Tribunal under subsection (2) in relation to the Australian Broadcasting Corporation, the Tribunal:
 (a) shall make separate orders in respect of sound broadcasts by the Corporation of published sound recordings and in respect of television broadcasts by the Corporation of such recordings; and
 (b) shall not make an order that would require the Corporation to pay, in respect of sound broadcasts of published sound recordings during the period in relation to which the order applies, an amount exceeding the sum of:
 (i) in respect of each complete year included in that period the amount ascertained by multiplying one‑half of One cent by the number equal to the number of persons comprised in the estimated population of Australia as last set out in statistics published by the Commonwealth Statistician before the making of the order; and
 (ii) in respect of each part of a year included in that period—the amount that bears to the amount ascertained in accordance with the last preceding subparagraph in relation to a complete year the same proportion as that part of a year bears to a complete year.
 (12) A person who is not specified in an order in force under subsection (6) as one of the persons among whom the amount specified in, or determined in accordance with, the order is to be divided may, before the expiration of the period to which the order applies, apply to the Tribunal for an amendment of the order so as to specify him or her as one of those persons.
 (13) The parties to an application under the last preceding subsection for an amendment of an order are:
 (a) the person making the