Document ID: chunk:federal_register_of_legislation:C2021C00453:clause:6_41:p1
Version: federal_register_of_legislation:C2021C00453
Segment Type: clause
Provision Reference: sch 6 cl 41 (pt 1/2)
Character Range: 65576–68112

41  Conditions of payments
(1) A payment to a company under item 39 in respect of a financial year is subject to the condition that, if the company ceases to be the holder of:
 (a) a commercial television broadcasting licence; or
 (b) a commercial radio broadcasting licence;
at a time (the cessation time) during the period:
 (c) beginning at the start of the designated day for the financial year; and
 (d) ending at the end of the financial year;
the company will repay to the Commonwealth the amount worked out using the formula:
where:
amount paid means the amount of the payment to the company.
days in financial year means the number of days in the financial year.
days in non‑licence period means the number of days in the period:
 (a) beginning at the start of the day after the cessation time; and
 (b) ending at the end of the financial year.
(2) A payment to a company under item 39 in respect of a financial year is subject to the condition that the company will:
 (a) spend the amount of the payment (reduced by any amount payable by the company under subitem (1) of this item in relation to the financial year) in connection with the provision by the company of broadcasting services authorised by the commercial television broadcasting licence, or the commercial radio broadcasting licence, held by company; and
 (b) do so before the end of the financial year.
(3) A payment to a company under item 39 in respect of a financial year is subject to the condition that the company will:
 (a) give the Secretary a written statement declaring that the company has complied with the condition set out in subitem (2) of this item in relation to the financial year; and
 (b) do so within 28 days after the end of the financial year.
(4) A payment to a company under item 39 is subject to the condition that, if the company does not fulfil a condition to which the payment is subject under subitem (2) or (3) of this item, the company will, if the Secretary so determines, repay to the Commonwealth the amount specified in the determination.
(5) The amount specified in the determination under subitem (4) must not be more than the amount of the payment (reduced by any amount payable by the company under subitem (1) in relation to the financial year).
(6) A determination made under subitem (4) is not a legislative instrument.
(7) An amount payable by a company to the Commonwealth under this item:
 (a) is a debt due to the Commonwealth; and
 (b) may be recovered by the Secretary, on behalf of the Commonwealth, in:
 (i) the