Document ID: chunk:federal_register_of_legislation:C2011C00171:clause:1_3:p1
Version: federal_register_of_legislation:C2011C00171
Segment Type: clause
Provision Reference: sch 1 cl 3 (pt 1/4)
Character Range: 10909–15414

3                                           Western Australia TV3                                                                                            The area consisting of Western Australia.                                                                                                    The commercial television broadcasting licensees for the following licence areas:
                                                                                                                                                                                                                                                                                                          (a) Remote and Regional WA TV1;
                                                                                                                                                                                                                                                                                                          (b) Western Zone TV1;
                                                                                                                                                                                                                                                                                                          (c) Kalgoorlie TV1;
                                                                                                                                                                                                                                                                                                          (d) Geraldton TV1;
                                                                                                                                                                                                                                                                                                          (e) South West and Great Southern TV1.

Joint‑venture company

 (2) Two or more of the eligible joint venturers for a licence area specified in column 1 of the table in subsection (1) may, during whichever of the following periods is applicable:
 (a) in the case of the South Eastern Australia TV3 licence area—the 28‑day period beginning at the commencement of this section;
 (b) otherwise—the period:
 (i) beginning at the commencement of this section; and
 (ii) ending 6 months before the start of the earliest applicable terrestrial digital television switch‑over date for the licence area;
give the ACMA a joint written notice stating that:
 (c) a company specified in the notice (the joint‑venture company) will apply under subsection (3) for a commercial television broadcasting licence for the licence area; and
 (d) the joint‑venture company is registered as a company under Part 2A.2 of the Corporations Act 2001 and has a share capital.

Application by joint‑venture company

 (3) If a notice is given under subsection (2) in relation to a licence area specified in column 1 of the table in subsection (1), the joint‑venture company must:
 (a) apply in writing to the ACMA for a commercial television broadcasting licence for the licence area; and
 (b) do so within 28 days after the notice is given.

Allocation of licence to joint‑venture company

 (4) If the ACMA receives an application under subsection (3) that relates to a licence area, the ACMA must:
 (a) allocate a commercial television broadcasting licence to the joint‑venture company for the licence area; and
 (b) do so within 28 days after the application is received.

 (5) Subsection (4) has effect subject to section 37.

Special purpose company

 (6) If no notice is given under subsection (2) in relation to a licence area specified in column 1 of the table in subsection (1), an eligible joint venturer for the licence area may, within 28 days after the end of whichever of the periods mentioned in paragraphs (2)(a) and (b) is applicable, give the ACMA a written notice stating that:
 (a) a company specified in the notice (the special purpose company) will apply under subsection (7) for a commercial television broadcasting licence for the licence area; and
 (b) the special purpose company is a wholly‑owned subsidiary of the eligible joint venturer; and
 (c) the special purpose company is registered as a company under Part 2A.2 of the Corporations Act 2001 and has a share capital.

Application by special purpose company

 (7) If a notice is given