Document ID: chunk:federal_register_of_legislation:C2004A00859:clause:1_3
Version: federal_register_of_legislation:C2004A00859
Segment Type: clause
Provision Reference: sch 1 cl 3
Character Range: 3423–4979

3  Subsections 38B(7), (8) and (9)
Repeal the subsections, substitute:

 (7) If:
 (a) each existing licensee gives a notice under paragraph (1)(e); and
 (b) by the end of the 12‑month period beginning at the designated time for the licence area:
 (i) the ABA has received an application from only one existing licensee (the first licensee) under subsection (3); and
 (ii) the ABA has not received a notice from the other existing licensee stating that it will not be applying under subsection (3);
the ABA must, as soon as practicable after the end of that 12‑month period, allocate an additional commercial television broadcasting licence to the first licensee for the licence area.

 (8) If:
 (a) each existing licensee gives a notice under paragraph (1)(e); and
 (b) before the end of the 12‑month period beginning at the designated time for the licence area, the ABA receives:
 (i) an application from one existing licensee (the first licensee) under subsection (3); and
 (ii) a notice from the other existing licensee stating that it will not be applying under subsection (3);
the ABA must, as soon as practicable after both have been received, allocate an additional commercial television broadcasting licence to the first licensee for the licence area.

 (9) If only one existing licensee gives a notice under paragraph (1)(e), then, as soon as practicable after receiving an application under subsection (3) from that licensee, the ABA must allocate an additional commercial television broadcasting licence to that licensee for the licence area.