Commonwealth Numbered Acts

BROADCASTING AMENDMENT ACT (No. 2) 1991 No. 183 of 1991 - SECT 10

10. Section 83A of the Principal Act is amended:

   (a)  by omitting from subsection (1) ", (9) or (10)" and substituting "or
        (9)";

   (b)  by inserting in paragraph (4)(c) "subject to subsection (4A)," before

"where";

   (c)  by adding at the end of subsection (4) the following paragraph:
  "; (d)   the policy that, whenever practicable, the number of broadcasting
services provided to the public should be increased.";

   (d)  by inserting after subsection (4) the following subsection: "(4A) If:

   (a)  the Tribunal is considering whether it is advisable in the public
        interest to grant a commercial radio licence; and

   (b)  the service area of that licence overlaps the service area of a
        non-limited licence; the Tribunal is not to have regard to the need
        for the commercial viability of the service provided under that
        non-limited licence unless its holder satisfies the Tribunal that the
        service would not be commercially viable after the grant of the
        commercial radio licence.";

   (e)  by omitting from subsection (9) "Subject to subsection (10), where"
        and substituting "Where";

   (f)  by omitting subsections (10) and (11).