Document ID: chunk:federal_register_of_legislation:C2006A00129:clause:2_61cm
Version: federal_register_of_legislation:C2006A00129
Segment Type: clause
Provision Reference: sch 2 cl 61CM
Character Range: 111963–113525

61CM  Approval of draft variation

 (1) If, under section 61CK or 61CL, a commercial radio broadcasting licensee gives the ACMA a draft variation of an approved local content plan (the current plan), the ACMA must:
 (a) approve the variation; or
 (b) refuse to approve the variation.

Approval of variation

 (2) The ACMA must not approve the variation unless the ACMA is satisfied that, if the licensee were to give the ACMA a draft local content plan in the same terms as the current plan as proposed to be varied, the ACMA would approve that draft.

 (3) If the ACMA approves the variation, the current plan is varied accordingly.

 (4) If the ACMA approves the variation, the ACMA must give the licensee a written notice setting out the decision.

Refusal to approve variation

 (5) If the ACMA refuses to approve the variation, the ACMA must give the licensee a written notice setting out the reasons for the refusal.

 (6) If the ACMA refuses to approve the variation, the ACMA may, by legislative instrument, vary the current plan.

Occurrence of trigger event when ACMA's decision is pending

 (7) If:
 (a) under section 61CK or 61CL, a commercial radio broadcasting licensee gives the ACMA a draft variation of an approved local content plan; and
 (b) a trigger event for the licence occurs after the receipt of the variation but before the ACMA makes a decision under subsection (1) in relation to the variation;
then:
 (c) the ACMA is taken to have refused to approve the variation; and
 (d) subsections (5) and (6) do not apply to that refusal.