Document ID: chunk:federal_register_of_legislation:C2004A00700:clause:1_38b:p2
Version: federal_register_of_legislation:C2004A00700
Segment Type: clause
Provision Reference: sch 1 cl 38B (pt 2/4)
Character Range: 11104–14012

the existing licensees under subsection (3), the ABA must allocate an additional commercial television broadcasting licence to one of those licensees for the licence area in accordance with a price‑based system determined under subsection (10).

 (7) If, by the end of the 12‑month period beginning at the designated time for the licence area:
 (a) the ABA has received an application from only one existing licensee (the first licensee) under subsection (3); and
 (b) 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 the ABA has received:
 (a) an application from an existing licensee (the first licensee) under subsection (3); and
 (b) 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) As soon as practicable after receiving an application under subsection (4), the ABA must allocate an additional commercial television broadcasting licence to the existing licensee concerned for the licence area.

Price‑based system for allocating licences where separate applications have been received

 (10) The ABA may determine in writing a price‑based system for allocating commercial television broadcasting licences under subsection (6).

 (11) The Minister may give specific directions to the ABA for the purpose of a determination.

 (12) Directions may be to include in a determination specified reserve prices for licences, and those reserve prices may be different for licences in different licence areas.

 (13) If a commercial television broadcasting licence is allocated under subsection (6), the ABA must, unless the allocation system adopted was public, publish in the Gazette:
 (a) the name of the successful applicant; and
 (b) the amount that the applicant agreed to pay to the Commonwealth for the allocation of the licence.

Amalgamation of licence areas in some cases

 (14) The ABA may, by writing, determine that, if:
 (a) more than 30% of the licence area population of a specified licence area is attributable to a specified overlap area; or
 (b) a specified licence area is entirely within another specified licence area;
this section applies as if the 2 licence areas were one.

 (15) A determination under subsection (14) has effect accordingly.

 (16) A determination under subsection (14) is a disallowable instrument for the purposes of section 46A of the Acts Interpretation Act 1901.

Fee for additional licence

 (17) On allocation of the additional licence under subsection