Document ID: chunk:federal_register_of_legislation:F2017C01145:body:0:p8
Version: federal_register_of_legislation:F2017C01145
Segment Type: other
Provision Reference: 
Character Range: 18890–21644

that the licence was obtained within the 6 month period within which to comply with the condition, pursuant to a transfer from a relative or associate of the licensee;
 (b) financial reasons;
 (c) that the licence is subject to an arrangement contingent on the disposal of another licence held by the licensee.
Note   See subclause 8(2) of the Australian Communications Authority (LPON Transmitter Licences) Direction No. 2 of 2000.  Subclause 8(3) provides that this list of matters that are not valid reasons for a delay "is not-exhaustive and there may be other reasons that do not constitute valid reasons for a delay".
 (4) In this section:
associate means:
 (a) in relation to a body corporate:
 (i) a director or secretary of the body corporate; or
 (ii) a related body corporate; or
 (iii) a director or secretary of a related body corporate; or
 (iv) a business partner of the body corporate; or
 (v) an individual who controls at least 15% of the voting power in, or holds at least 15% of the issued shares of, the body corporate; and
 (b) in relation to an individual:
 (i) a business partner of the individual; or
 (ii) a body corporate in which the individual controls at least 15% of the voting power or of which the individual holds at least 15% of the issued shares; or
 (iii) a body corporate of which the individual is a director or secretary; or
 (iv) a body corporate that is a related body corporate of a body corporate of which the individual is a director or secretary.
related body corporate has the same meaning as in the Corporations Act 2001.
relative, in relation to a person, means:
 (a) the person's spouse; or
 (b) the person's parent, grandparent, brother, sister, uncle, aunt, nephew, niece, lineal descendant or adopted child; or
 (c) the spouse of a relative mentioned in paragraph (b).
spouse, in relation to a person, includes a de facto partner of the person, within the meaning given by section 2D of the Acts Interpretation Act 1901.
Note   On 20 December 2000, the Minister gave to the Australian Communications Authority the Australian Communications Authority (LPON Transmitter Licences) Direction No. 2 of 2000 (Direction), under subsection 12 (1) of the Australian Communications Authority Act 1997.  The Direction is continued in force under item 8 of Schedule 4 to the Australian Communications and Media Authority (Consequential and Transitional Provisions) Act 2005.  The Direction makes provision for how the ACMA exercises its powers and performs its functions in relation to imposing conditions on certain licences.

Part 5 Conditions for broadcasting licence (narrowband area service)

5.1 Conditions
 (1) For paragraph 107 (1) (f) of the Act, every broadcasting licence (narrowband area service) is