Commonwealth Numbered Acts

BROADCASTING AMENDMENT ACT (No. 2) 1991 No. 183 of 1991 - SECT 13

13. After section 83F of the Principal Act the following sections are
inserted: FM access fee notices in relation to new non-metropolitan FM
commercial radio licences

"83G. If the Tribunal grants (otherwise than by way of renewal) a
non-metropolitan FM commercial radio licence to a person, it must give the
person a written notice:

   (a)  specifying the amount of FM access fee in respect of the licence
        determined under section 6BA of the Radio Licence Fees Act 1964; and

   (b)  informing the person of the requirements under this Act and that Act
        in relation to the FM access fee. FM access fee notices in relation to
        new non-metropolitan supplementary radio licences

"83H. If the Tribunal grants (otherwise than by way of renewal) a
non-metropolitan supplementary radio licence to a person, it must give the
person a written notice:

   (a)  specifying the amount of FM access fee in respect of the licence
        determined under section 6BA of the Radio Licence Fees Act 1964; and

   (b)  informing the person of the requirements under this Act and that Act
        in relation to the FM access fee. FM access fee notices in relation to
        conversion to FM of non-metropolitan AM commercial radio licences

"83J. If the Minister converts to FM a non-metropolitan AM commercial radio
licence, the Tribunal must give the holder of that licence a written notice:

   (a)  specifying the amount of FM access fee in respect of the licence
        determined under section 6BA of the Radio Licence Fees Act 1964; and

   (b)  informing the person of the requirements under this Act and that Act
        in relation to the FM access fee. Payment of FM access fee to be made
        within 28 days etc.

"83K.(1) An amount of FM access fee imposed under section 6B of the Radio
Licence Fees Act 1964 must be paid within 28 days beginning on the day of the
issue of the notice mentioned in that section.

"(2) If a person who is liable to pay an amount of FM access fee fails to pay
that amount by the end of that period, or at the end of that period as
extended in accordance with this subsection, the Tribunal may:

   (a)  by written notice given to that person, extend or further extend that
        period; or

   (b)  if the Tribunal is satisfied that the person has unreasonably or
        repeatedly delayed paying that amount - exercise its power under
        subsection 88(4) or 88A(3), as the case requires.

"(3) If a commercial radio licence is revoked in accordance with subsection 88
(4) because of the licensee's failure to pay an FM access fee, the Tribunal
may:

   (a)  grant the licence to another applicant for the licence:

   (i)  to whom the Tribunal would have been required to grant the licence but
        for subsection 83A (9); and

   (ii) who is still available to be granted the licence; or

   (b)  recommend to the Minister that a fresh notice under subsection 82 (1)
        should be published in relation to the granting of that licence.".