Document ID: chunk:federal_register_of_legislation:C2004A04989:body:0:p2
Version: federal_register_of_legislation:C2004A04989
Segment Type: other
Provision Reference: 
Character Range: 2556–5227

when the decision period ends.

Application for additional licence lapses in certain circumstances

"(6) If a licence for the same licence area is allocated under section 36 after the application is made under this section and before the ABA makes its decision on the application under this section, then the application under this section is taken to have been withdrawn.

Amalgamation of licence areas in some cases

"(7) If:

   (a) more than 30% of the licence area population of a licence area is attributable to an overlap area; or

   (b) a licence area is entirely within another licence area; this section applies as if the 2 licence areas were one.

Fee for additional licence

"(8) On allocation of the additional licence, 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

"(9) On the allocation of the additional licence, it becomes a condition of both the parent licence and the additional licence that the licensee will continue to provide services under those licences for at least 2 years after the date of allocation of the additional licence.

Restrictions on transfer of licences

"(10) During the period of 2 years after the date of allocation of the additional licence, any attempt by any person to transfer either the parent licence or the additional licence is of no effect unless both of those licences are transferred at the same time by the same person to the same transferee.

Section 37 restrictions apply

"(11) This section has effect subject to section 37.

Interpretation

"(12) In this section:

'allocation period' means the period starting on the day on which the ABA advertises under section 38 for applications for licences and ending on:

   (a) the day on which the last application is determined; or

   (b) if no applications are received—the day specified by the ABA in the advertisement as the day by which applications are to be lodged.".

(2) If the ABA granted a permission to a licensee under section 73 of the Principal Act before the commencement of this section:

   (a) the ABA must grant an additional licence to the licensee under section 38A of the Principal Act for the same licence area; and

   (b) the licensee is not required to pay a fee under section 38A of the Principal Act for the additional licence; and

   (c) subsections 38A(9) and (10) of the Principal Act do not apply to the additional licence or parent licence.

Repeal of section 39 and substitution of new section

4. Section 39 of