Document ID: chunk:federal_register_of_legislation:C2004A00700:clause:1_38b:p3
Version: federal_register_of_legislation:C2004A00700
Segment Type: clause
Provision Reference: sch 1 cl 38B (pt 3/4)
Character Range: 13737–16519

subsection (14) has effect accordingly.

 (16) A determination under subsection (14) is a disallowable instrument for the purposes of section 46A of the Acts Interpretation Act 1901.

Fee for additional licence

 (17) On allocation of the additional licence under subsection (5), (7), (8) or (9), 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, represents the costs (including planning costs) incurred by the ABA in allocating the additional licence.

Licence conditions

 (18) Each additional licence allocated under this section is subject to the following conditions:
 (a) the licensee may only provide the commercial television broadcasting service concerned in digital mode (within the meaning of Schedule 4); and
 (b) if the licence area for the licence is wholly outside a remote licence area (within the meaning of Schedule 4)—the licensee will commence to provide the commercial television broadcasting service concerned in SDTV digital mode (within the meaning of Schedule 4) by whichever is the earlier of the following times:
 (i) the time that is notified in writing to the licensee by the ABA;
 (ii) the start of 1 January 2004; and
 (c) if any part of the licence area for the licence is within a remote licence area (within the meaning of Schedule 4)—the licensee will commence to provide the commercial television broadcasting service concerned in SDTV digital mode (within the meaning of Schedule 4) by the time that is notified in writing to the licensee by the ABA, being a time that is not earlier than the date determined by the ABA in relation to the remote licence area as mentioned in subclause 6(6A) of Schedule 4.

 (19) Paragraphs 7(1)(i), 7(1)(l) and 7(1)(m) of Schedule 2 do not apply to an additional licence allocated under this section.

 (20) On the allocation of an additional licence under subsection (5), it becomes a condition of:
 (a) the additional licence; and
 (b) each parent licence;
that the licensee concerned will continue to provide services under the licence concerned for at least 2 years after the commencement of the provision of the commercial television broadcasting service under the additional licence.

 (21) On the allocation of an additional licence under subsection (6), (7), (8) or (9), it becomes a condition of:
 (a) the additional licence; and
 (b) the parent licence concerned;
that the licensee will continue to provide services under those licences for at least 2 years after the commencement of the provision of the commercial television broadcasting service under the additional licence.

Restrictions on transfer of licences

 (22) During the period of 2 years after the date of allocation of an additional licence under