Document ID: chunk:federal_register_of_legislation:C2004A00361:clause:10_42
Version: federal_register_of_legislation:C2004A00361
Segment Type: clause
Provision Reference: sch 10 cl 42
Character Range: 64643–66001

42  Subsections 152(8) and (9)
Repeal the subsections, substitute:

 (8) The Tribunal must not make an order that would require a broadcaster who is:
 (a) the holder of a licence allocated by the Australian Broadcasting Authority under the Broadcasting Services Act 1992 that authorises the holder to broadcast radio programs; or
 (b) a person authorised by a class licence determined by that Authority under that Act to broadcast radio programs;
to pay, in respect of the broadcasting of published sound recordings during the period covered by the order, an amount exceeding 1% of the amount determined by the Tribunal to be the gross earnings of the broadcaster during the period equal to the period covered by the order that ended on the last 30 June that occurred before the period covered by the order.

 (9) If a broadcaster that is:
 (a) the holder of a licence allocated by the Australian Broadcasting Authority under the Broadcasting Services Act 1992 that authorises the holder to broadcast radio programs; or
 (b) a person authorised by a class licence determined by that Authority under that Act to broadcast radio programs;
has, with the permission of that Authority, adopted an accounting period ending on a day other than 30 June, the reference in subsection (8) to 30 June is, in relation to that broadcaster, a reference to that other day.