Document ID: chunk:federal_register_of_legislation:C2004A00586:clause:3_5
Version: federal_register_of_legislation:C2004A00586
Segment Type: clause
Provision Reference: sch 3 cl 5
Character Range: 44879–46360

5  After subclause 7(2) of Schedule 2
Insert:

 (2A) Each commercial television broadcasting licence is also subject to the condition that the licensee will not provide commercial television broadcasting services under the licence outside the licence area of the licence unless:
 (a) the provision of those services outside that licence area occurs accidentally; or
 (b) the provision of those services outside that licence area occurs as a necessary result of the provision of commercial television broadcasting services within the licence area; or
 (c) both:
 (i) the licensee satisfies the ABA that the provision of those services outside that licence area occurs in exceptional circumstances; and
 (ii) the ABA has given permission in writing; or
 (d) all of the following subparagraphs apply:
 (i) the first‑mentioned licensee satisfies the ABA that there is a person (the eligible person) who is in a commercial television broadcasting licence area (the second licence area) that is not the same as the first‑mentioned licence area and who is not receiving adequate reception of a commercial television broadcasting service provided by a commercial television broadcasting licensee for the second licence area;
 (ii) the provision of the first‑mentioned services outside the first‑mentioned licence area occurs only to the extent necessary to provide adequate reception of the first‑mentioned services to the eligible person;
 (iii) the ABA has given permission in writing.