Document ID: chunk:federal_register_of_legislation:C2025C00023:section:38b:p2
Version: federal_register_of_legislation:C2025C00023
Segment Type: section
Provision Reference: s 38B (pt 2/3)
Character Range: 119529–122369

subsection (10).
 (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 time when the notice is given:
 (i) the ACMA has received an application from only one existing licensee (the first licensee) under subsection (3); and
 (ii) the ACMA has not received a notice from the other existing licensee stating that it will not be applying under subsection (3);
the ACMA 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 time when the notice is given, the ACMA 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 ACMA 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 ACMA must allocate an additional commercial television broadcasting licence to that licensee for the licence area.

Price‑based system for allocating licences where separate applications have been received
 (10) The ACMA 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 ACMA 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 ACMA 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 ACMA may, by legislative instrument, 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.
 (14A) If a determination is made under subsection (14) for 2 licence areas that are remote licence areas (within the meaning of Schedule 4)