Document ID: chunk:federal_register_of_legislation:C2008C00330:clause:1_36a
Version: federal_register_of_legislation:C2008C00330
Segment Type: clause
Provision Reference: sch 1 cl 36A
Character Range: 24176–26599

36A  Commercial radio broadcasting licences to provide analog or digital commercial radio broadcasting services

Licences in force immediately before the commencement of this section

 (1) If a commercial radio broadcasting licence was in force immediately before the commencement of this section, the licence is taken, for the purposes of this Act, to have been allocated as a licence to provide an analog commercial radio broadcasting service.

Licences allocated before the digital radio start‑up day for the licence area

 (2) If the ACMA allocates a commercial radio broadcasting licence after the commencement of this section but before the digital radio start‑up day for the licence area, the licence must be allocated as a licence to provide an analog commercial radio broadcasting service.

Licences allocated on or after digital radio start‑up day for the licence area

 (3) If the ACMA allocates a commercial radio broadcasting licence on or after the digital radio start‑up day for the licence area, the licence must be allocated as:
 (a) a licence to provide an analog commercial radio broadcasting service; or
 (b) a licence to provide digital commercial radio broadcasting services.

Licence conditions

 (4) Subject to subsection (5), if a commercial radio broadcasting licence is or was allocated as a licence to provide an analog commercial radio broadcasting service, the licence is subject to the condition that the licensee may only provide an analog commercial radio broadcasting service under the licence.

 (5) If:
 (a) a commercial radio broadcasting licence was in force immediately before the digital radio start‑up day for the licence area; and
 (b) the licence authorised the licensee to provide an analog commercial radio broadcasting service in the licence area;
subsection (4) ceases to apply in relation to the licence at the start of the digital radio start‑up day for the licence area.

 (6) If a commercial radio broadcasting licence is allocated as a licence to provide digital commercial radio broadcasting services, the licence is subject to the condition that the licensee may only provide digital commercial radio broadcasting services under the licence.

Section 35D

 (7) This section has effect subject to section 35D.

Subsection 40(1) licences

 (8) This section does not apply to a commercial radio broadcasting licence that is or was allocated under subsection 40(1).