Document ID: chunk:federal_register_of_legislation:C2025C00023:section:3:p1
Version: federal_register_of_legislation:C2025C00023
Segment Type: section
Provision Reference: s 3 (pt 1/2)
Character Range: 127062–131654

3                                           Western Australia TV3                                                                                            The area consisting of Western Australia, the Territory of Christmas Island and the Territory of Cocos (Keeling) Islands.                                    The commercial television broadcasting licensees for the following licence areas:
                                                                                                                                                                                                                                                                                                                          (a) Remote and Regional WA TV1;
                                                                                                                                                                                                                                                                                                                          (b) Western Zone TV1;
                                                                                                                                                                                                                                                                                                                          (c) Kalgoorlie TV1;
                                                                                                                                                                                                                                                                                                                          (d) Geraldton TV1;
                                                                                                                                                                                                                                                                                                                          (e) South West and Great Southern TV1.

Allocation of licence
 (2) A commercial television broadcasting licence that was allocated under this section before the commencement of Schedule 2 to the Broadcasting and Other Legislation Amendment (Deregulation) Act 2015 continues in force unless it is cancelled.

Cancellation of licence—services not provided
 (15) If:
 (a) the licensee of a licence allocated under this section is contravening a licence condition set out in:
 (i) clause 7B of Schedule 2; or
 (ii) clause 7C of Schedule 2; and
 (b) the ACMA is satisfied that the contravention is not due to:
 (i) technical circumstances that are beyond the licensee's control; or
 (ii) unforeseen circumstances that are beyond the licensee's control; or
 (iii) circumstances specified in the regulations; and
 (c) the ACMA gives the licensee a written notice warning the licensee that, if the contravention continues for 30 days, the licence may be cancelled; and
 (d) 30 days pass after the notice is given, and the contravention continues;
the ACMA must, by written notice given to the licensee, cancel the licence.
 (16) The cancellation takes effect:
 (a) when the notice of cancellation is given to the licensee; or
 (b) if a later time is specified in the notice of cancellation—at that later time.

Allocation of licence after cancellation etc.
 (17) If the ACMA gives a notice under subsection (15) to a licensee, cancelling the licence for a licence area, the ACMA must, within 45 days after the giving of the notice, advertise, in a manner determined by the ACMA, for applications for a licence to be allocated under subsection (23) for the licence area.
 (18) Before commencing to advertise under subsection (17), the ACMA must, by legislative instrument, determine the eligibility requirements that must be met by persons applying for a licence in response to such an advertisement.
 (19) The eligibility requirements determined under subsection (18) must include that the applicant has the capacity to provide the services that the licensee will be required to provide under clauses 7B, 7C and 7D of Schedule 2. This subsection does not limit other eligibility requirements that may be determined under subsection (18).
 (20) The Minister may, by legislative instrument, direct the ACMA about the exercise of its powers under subsection (18).
 (21) The ACMA must include in an advertisement under subsection (17):
 (a) a description of the matter mentioned in the applicable paragraph of subsection (17); and
 (b) the date