Document ID: chunk:federal_register_of_legislation:C2008A00158:clause:2_5f
Version: federal_register_of_legislation:C2008A00158
Segment Type: clause
Provision Reference: sch 2 cl 5F
Character Range: 3381–5664

5F  Local market areas and digital‑only local market areas

 (1) The Minister may, by legislative instrument:
 (a) determine that a specified area is a local market area for the purposes of this Schedule; and
 (b) determine that that area becomes a digital‑only local market area for the purposes of this Schedule at a specified time.

 (2) An area must not be specified under paragraph (1)(a) unless it is wholly included in a licence area.

 (3) A time must not be specified under paragraph (1)(b) unless it falls within the simulcast period for the licence area concerned.

 (4) A subclause (1) determination is irrevocable.

Variation

 (5) The Minister may, by legislative instrument, vary a subclause (1) determination.

 (6) The Minister must not vary a subclause (1) determination after the time specified in the determination.

 (7) If there is a variation of a subclause (1) determination, the time specified in the varied determination must not be earlier than 3 months before the time specified in the determination as it stood before any variation of the determination was made.

 (8) If there is a variation (the current variation) of a subclause (1) determination, the time specified in the varied determination must not be later than 3 months after the time specified in the determination as it stood before any variation of the determination was made.

 (9) Subclause (8) does not apply if:
 (a) the time specified in the determination, as it stood before the current variation, would be likely to result in significant difficulties of a technical or engineering nature for:
 (i) a commercial television broadcasting licensee for the licence area concerned; or
 (ii) a national broadcaster; and
 (b) those difficulties could not reasonably have been foreseen by the commercial television broadcasting licensee or the national broadcaster, as the case requires, as at 6 months before the time specified in the determination as it stood before the current variation.

 (10) Subclause (5) does not limit the application of subsection 33(3) of the Acts Interpretation Act 1901 to other instruments under this Act.

Consultation

 (11) Before making or varying a subclause (1) determination, the Minister must consult the ACMA.

4B At the end of Part 1 of Schedule 4