Document ID: chunk:federal_register_of_legislation:C2024C00823:section:102d:p3
Version: federal_register_of_legislation:C2024C00823
Segment Type: section
Provision Reference: s 102D (pt 3/3)
Character Range: 199500–201878

that the request was made in good faith.

Copies of responses to invitations to subscribe for shares
 (7A) If:
 (a) an application is made for a foundation category 2 digital radio multiplex transmitter licence for a particular designated BSA radio area; and
 (b) the applicant is an eligible joint venture company;
the ACMA may, by written notice given to the applicant, require the applicant to:
 (c) give the ACMA a copy of each of the responses to the invitations referred to in paragraph (5)(a), so far as that paragraph applies to the promoters of the applicant; and
 (d) do so within the period specified in the notice.
 (7B) If the applicant breaches the requirement set out in the subsection (7A) notice, the ACMA may, by written notice given to the applicant:
 (a) refuse to consider the application; or
 (b) refuse to take any action, or any further action, in relation to the application.
 (7C) If:
 (a) an application is made for a foundation category 2 digital radio multiplex transmitter licence for a particular designated BSA radio area; and
 (b) the application includes a statement to the effect that a particular company is a digital community radio broadcasting representative company for the area;
then:
 (c) the ACMA may, by written notice given to the company, require the company to:
 (i) give the ACMA a copy of each of the responses to the invitations referred to in paragraph 9C(1)(c), so far as that paragraph applies to the promoters of the company; and
 (ii) do so within the period specified in the notice; and
 (d) if the ACMA gives a notice to the company—the ACMA must give a copy of the notice to the applicant.
 (7D) If the company breaches the requirement set out in the subsection (7C) notice, the ACMA may, by written notice given to the applicant:
 (a) refuse to consider the application; or
 (b) refuse to take any action, or any further action, in relation to the application.

National broadcasters
 (8) A national broadcaster may hold shares in a company that:
 (a) is the holder of a category 2 digital radio multiplex transmitter licence; or
 (b) is an applicant for the issue of a category 2 digital radio multiplex transmitter licence; or
 (c) proposes to apply for the issue of a category 2 digital radio multiplex transmitter licence.

Fee
 (9) A fee determined under paragraph (2)(b) must not be such as to amount to taxation.