Document ID: chunk:federal_register_of_legislation:C2008A00158:clause:2_6a:p1
Version: federal_register_of_legislation:C2008A00158
Segment Type: clause
Provision Reference: sch 2 cl 6A (pt 1/2)
Character Range: 8235–11051

6A  Determination of simulcast period—metropolitan and regional licence areas

 (1) The Minister may, by legislative instrument, determine a period for the purposes of the application of subparagraph 6(3)(c)(ii) to a specified metropolitan licence area.

 (2) The Minister may, by legislative instrument, determine a period for the purposes of the application of subparagraph 6(3)(c)(iia) to a specified regional licence area.

 (3) A period determined under subclause (1) must end before the end of 31 December 2013.

Note: See subclause (11).

 (4) A period determined under subclause (2) must end before the end of 31 December 2013.

Note: See subclause (11).

 (5) A subclause (1) determination is irrevocable.

 (6) A subclause (2) determination is irrevocable.

Variation

 (7) The Minister may, by legislative instrument, vary:
 (a) a subclause (1) determination; or
 (b) a subclause (2) determination.

 (8) The Minister must not vary:
 (a) a subclause (1) determination; or
 (b) a subclause (2) determination;
after the end of the period specified in the determination.

 (9) If there is a variation of:
 (a) a subclause (1) determination; or
 (b) a subclause (2) determination;
the end of the period specified in the varied determination must not be earlier than 3 months before the end of the period specified in the determination as it stood before any variation of the determination was made.

 (10) If there is a variation of:
 (a) a subclause (1) determination; or
 (b) a subclause (2) determination;
the end of the period specified in the varied determination must not be later than whichever is the earlier of the following:
 (c) the end of 31 December 2013;
 (d) 3 months after the end of the period specified in the determination as it stood before any variation of the determination was made.

Note: See subclause (11).

 (11) If there is a variation (the current variation) of:
 (a) a subclause (1) determination; or
 (b) a subclause (2) determination;
subclauses (3), (4) and (10) do not apply, so long as:
 (c) the end of the period specified in the determination, as it stood before the current variation, would be likely to result in significant difficulties of a technical or engineering nature for:
 (i) a commercial television broadcasting licensee for the licence area concerned; or
 (ii) a national broadcaster; and
 (d) those difficulties could not reasonably have been foreseen by the commercial television broadcasting licensee or the national broadcaster, as the case requires, as at 6 months before the end of the period specified in the determination as it stood before the current variation; and
 (e) the end of the period specified in the varied determination is not later than the end of 30 June 2014.

 (12) Subclause (7) does not limit the application of subsection 33(3) of