Document ID: chunk:federal_register_of_legislation:C2024C00823:section:9c:p2
Version: federal_register_of_legislation:C2024C00823
Segment Type: section
Provision Reference: s 9C (pt 2/2)
Character Range: 57429–59889

and
 (ii) the BSA licence area of the digital community radio broadcasting licence is the same as the designated BSA radio area;
  the company must:
 (iii) within 30 days after the allocation of the digital community radio broadcasting licence, offer to issue shares in the company to the holder of the digital community radio broadcasting licence, where the number of shares offered equals the number of shares already held by a particular digital community radio broadcasting licensee; and
 (iv) keep the offer open for at least 90 days; and
 (v) ensure that, if the offer is accepted, the amount of money payable as consideration for the issue of the shares is not substantially in excess of the amount that was payable by an incumbent digital community radio broadcasting licensee who subscribed for shares in the company in response to an invitation referred to in paragraph (c); and
 (k) the company's constitution provides that the purposes of the company are:
 (i) holding shares in one or more companies that hold, have applied for, or propose to apply for, category 1 digital radio multiplex transmitter licences, or category 2 digital radio multiplex transmitter licences, for the designated BSA radio area; and
 (ii) exercising the powers conferred by this Act on a digital community radio broadcasting representative company; and
 (iii) carrying out activities incidental to the purposes mentioned in subparagraphs (i) and (ii); and
 (l) the company complies with such other conditions (if any) as are specified in the regulations.
Note: See also section 8AD of the Broadcasting Services Act 1992, which deals with deemed radio broadcasting licence areas.
 (2) For the purposes of the application of paragraph (1)(i) and subparagraph (1)(j)(iii) before the digital radio start‑up day for the designated BSA radio area, digital community radio broadcasting licensee includes an incumbent digital community radio broadcasting licensee.
 (3) An election under paragraph (1)(b) given in relation to a particular designated BSA radio area has no effect if an election under that paragraph has been previously given in relation to that area.
 (4) An election under paragraph (1)(b) is irrevocable.
 (5) The promoters of a company may request the ACMA to publish on its website the invitations referred to in paragraph (1)(c).
 (6) The ACMA must comply with a request under subsection (5) if the ACMA is satisfied that the request was made in good faith.