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Broadcasting Services Amendment Act 1995

No. 139 of 1995

An Act to amend the Broadcasting Services Act 1992

[Assented to 8 December 1995]

The Parliament of Australia enacts:

Short title etc.

1.(1) This Act may be cited as the Broadcasting Services Amendment Act 1995.

(2) In this Act, "Principal Act" means the Broadcasting Services Act 19921.

Commencement

2.(1) Subject to this section, this Act commences on the 28th day after the day on which it receives the Royal Assent.

(2) Sections 1, 2, 8 and 9, subsection 12(1) and sections 13 and 14 commence on the day on which this Act receives the Royal Assent.

Insertion of new section

3.(1) After section 38 of the Principal Act the following section is inserted:

Additional commercial television licences in single markets

Circumstances in which existing licensee may apply for additional licence

"38A.(1) If:

   (a) a particular licence area is the licence area of only one commercial television broadcasting licence (the 'parent licence') that is in force; and

   (b) additional commercial television broadcasting licences can be allocated for the licence area;

the existing licensee may apply in writing to the ABA for an additional commercial television broadcasting licence for the licence area.

Circumstances in which ABA must grant additional licence

"(2) The ABA must allocate an additional commercial television broadcasting licence to the existing licensee for the licence area, if the ABA is satisfied that it is unlikely that another person:

   (a) would be interested in operating another commercial television broadcasting service in the licence area; and

   (b) would be in a position to operate that other service.

"(3) If the ABA is not satisfied as mentioned in subsection (2), the ABA must refuse to allocate the additional licence.

Decision period for ABA's decision

"(4) The ABA must make a decision on the application within the period of 45 days after the application is made (the 'decision period'). If the ABA has not refused to allocate the additional licence by the end of the decision period, the ABA is taken to have decided to allocate the licence, and must allocate it as soon as practicable after the end of the decision period.

"(5) However:

   (a) the ABA is not required to consider the application under this section during the allocation period in relation to an advertisement published by the ABA under section 38 in relation to the same licence area; and

   (b) that allocation period is not to be counted in working out when the decision period ends.

Application for additional licence lapses in certain circumstances

"(6) If a licence for the same licence area is allocated under section 36 after the application is made under this section and before the ABA makes