Commonwealth Numbered Acts

BROADCASTING AMENDMENT ACT (No. 2) 1991 No. 183 of 1991 - SECT 14

14. Section 89A of the Principal Act is amended:

   (a)  by omitting from subsection (1) "and (4)" and substituting", (4) and
        (5A)";
(b) by omitting from subsection (4) all the words after "commercial licence",
(third occurring) and substituting "within the period beginning from the grant
of the licence and ending on the day that is 2 years after the day of the
commencement of service provided under the licence.";

   (c)  by inserting after subsection (5) the following subsections:

"(5A) Without limiting subsection (4) or (10), if a commercial radio licence
is related to a supplementary radio licence, the commercial radio licence must
not be transferred by its licensee to a person within the period beginning
from the grant of the supplementary radio licence and ending on the day that
is 2 years after the day of the commencement of service provided under the
supplementary radio licence, unless the supplementary radio licence or, if the
licensee is one of its co-owners, the whole of the licensee's interest in the
supplementary radio licence, is also transferred to that person.

"(5B) For the purposes of subsections (4) and (5A), the day of the
commencement of service provided under a licence is the day on which the
service provided under the licence commences in accordance with a
determination made under section 96.

"(5C) If:

   (a)  a commercial radio licence that is related to a supplementary radio
        licence is transferred to a person; and

   (b)  the supplementary radio licence, or if the licensee is a co-owner, the
        whole of the licensee's interest in the supplementary radio licence,
        is not also transferred to that person; and

   (c)  as a result, the supplementary radio licence is no longer related to a
        commercial radio licence; the supplementary radio licence is, for the
        purposes of this Act, taken to be a commercial radio licence on and
        from the day of the transfer until its expiration.";

   (d)  by omitting subsection (10) and substituting the following subsection:

"(10) The Tribunal must refuse to give consent to the transfer of a commercial
radio licence by its licensee to a person if:

   (a)  the licence is related to a supplementary radio licence; and

   (b)  the commercial radio licence's service area is not substantially the
        same as that of the supplementary radio licence; and

   (c)  the supplementary radio licence or, if the licensee is one of its
        co-owners, the whole of the licensee's interest in the supplementary
        radio licence, is not also transferred to that person.".