Document ID: chunk:federal_register_of_legislation:C2004A00859:clause:1_1
Version: federal_register_of_legislation:C2004A00859
Segment Type: clause
Provision Reference: sch 1 cl 1
Character Range: 1963–3047

1  Subsection 38B(1)
Repeal the subsection, substitute:

 (1) If:
 (a) a particular licence area is the licence area of only 2 commercial television broadcasting licences (the parent licences) that are in force; and
 (b) neither of those licences was allocated under section 38A; and
 (c) an additional commercial television broadcasting licence can be allocated for the licence area;
then, within 90 days after the designated time for the licence area:
 (d) the existing licensees may give the ABA a joint written notice stating that:
 (i) a company specified in the notice (the joint‑venture company) will apply for an additional commercial television broadcasting licence for the licence area; and
 (ii) the joint‑venture company is jointly owned by the existing licensees; and
 (iii) the joint‑venture company is formed in Australia or an external Territory and has a share capital; or
 (e) each existing licensee may give the ABA a written notice stating that the licensee will apply separately for an additional commercial television broadcasting licence for the licence area.