Commonwealth Numbered Acts

BROADCASTING AMENDMENT ACT 1990 No. 102 of 1990 - SECT 5

5. After section 82A of the Principal Act the following section is inserted:
Simultaneous commercial radio licence and supplementary radio licence
inquiries

"82AAA. (1) The Minister may:

   (a)  publish a notice under subsection 82 (1) in relation to a commercial
        radio licence even though:

   (i)  an application has been lodged under section 82A for the grant of a
        supplementary radio licence that would have a service area overlapping
        the service area proposed for the commercial radio licence; and

   (ii) the Minister has not, at the time when the notice is published,
        determined whether to refer the application to the Tribunal under
        paragraph 82A (4) (a) or dismiss the application under paragraph 82A
        (4) (b) or subsection (5); and

   (b)  publish a notice under subsection 82 (1) in relation to a commercial
        radio licence even though:

   (i)  the Minister has, under paragraph 82A (4) (a), referred to the
        Tribunal an application under section 82A for the grant of a
        supplementary radio licence that would have a service area overlapping
        the service area proposed for the commercial radio licence; and

   (ii) the Tribunal has not, at the time when the notice is published,
        determined whether or not to grant a supplementary radio licence
        pursuant to the reference.

"(2) Where:

   (a)  an application is lodged under section 82A for the grant of a
        supplementary radio licence and is referred to the Tribunal under
        paragraph 82A (4) (a); and

   (b)  the Minister, in accordance with paragraph (1) (a) or (b) of this
        section, has published or publishes a notice under subsection 82 (1)
        in relation to a commercial radio licence that would have a service
        area overlapping the service area proposed for the supplementary radio
        licence; the following provisions have effect:

   (c)  the Tribunal may consider simultaneously the application for the grant
        of the supplementary radio licence and applications for the commercial
        radio licence;

   (d)  the Tribunal may determine the matters that arise out of the
        application under section 82A and the applications for the commercial
        radio licence in the order that the Tribunal thinks most appropriate
        in the circumstances;

   (e)  the Tribunal may, in accordance with regulations made for the purposes
        of section 17C, hold a joint inquiry into the exercise of the power to
        grant the supplementary radio licence and the exercise of the power to
        grant the commercial radio licence.

"(3) Nothing in this section is to be taken to imply:

   (a)  that a power expressly conferred on the Minister or the Tribunal under
        this section was not possessed by the Minister or the Tribunal before
        the commencement of this section; or

   (b)  that a procedure expressly authorised by this section was not
        authorised before the commencement of this section.".