Document ID: chunk:federal_register_of_legislation:C2008C00351:clause:2_35a
Version: federal_register_of_legislation:C2008C00351
Segment Type: clause
Provision Reference: sch 2 cl 35A
Character Range: 18433–20355

35A  Reviews about the allocation of new commercial television broadcasting licences

Initial review

 (1) Before the earliest digital television switch‑over day, the Minister must cause to be conducted a review of:
 (a) whether one or more commercial television broadcasting licences that are broadcasting services bands licences should be allocated under section 36 for a particular area or areas of Australia; and
 (b) if so, what variations (if any) should be made to any licence area plans in force under section 26.

Subsequent reviews

 (2) The Minister may cause to be conducted a review of:
 (a) whether one or more commercial television broadcasting licences that are broadcasting services bands licences should be allocated under section 36 for a particular area or areas of Australia; and
 (b) if so, what variations (if any) should be made to any licence area plans in force under section 26.

 (3) Subsection (2) does not authorise the conduct of a review before the completion of the report of a review conducted under subsection (1).

Conduct of a review

 (4) The following matters must be taken into account in conducting a review under subsection (1) or (2):
 (a) the objects of this Act;
 (b) the matters referred to in paragraphs 23(a) to (f) in so far as they are relevant;
 (c) the availability of radiofrequency spectrum;
 (d) any other relevant matters.

 (5) A review under subsection (1) or (2) must be conducted in a manner that provides for wide public consultation.

 (6) The ACMA must make available such information as is reasonably necessary for the conduct of a review under subsection (1) or (2).

Report of a review

 (7) The Minister must cause to be prepared a report of a review under subsection (1) or (2).

 (8) The Minister must cause copies of a report to be laid before each House of the Parliament within 15 sitting days of that House after the completion of the report.