Commonwealth Numbered Acts

BROADCASTING AMENDMENT ACT (No. 2) 1991 No. 183 of 1991 - SECT 15

15. Section 89B of the Principal Act is amended:

   (a)  by omitting from subsection (3) "or (5)" and substituting ", (4A) or
        (5)";

   (b)  by inserting after subsection (4) the following subsection:

"(4A) The Tribunal must refuse to give consent to the transfer of a
supplementary radio licence by its licensee to a person if:

   (a)  its service area is not substantially the same as that of the service
        area of the commercial radio licence of which the licensee is also the
        licensee and to which the supplementary radio licence is related; and

   (b)  the commercial radio licence is not also transferred to that person.";

   (c)  by omitting subsection (5) and substituting the following subsections:

"(5) Without limiting subsection (4A), the Tribunal must refuse to give
consent to the transfer of a supplementary radio licence by its licensee to
another person if the transfer occurs 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, unless the commercial
radio licence of which the licensee is the licence holder and to which the
licence is related is also transferred to the other person.

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

"(5B) If:

   (a)  a supplementary radio licence is transferred to a person who is not
        the holder of a commercial radio licence that has a service area
        substantially the same as that of the supplementary radio licence; and

   (b)  a commercial radio licence to which the supplementary radio licence is
        related is not also transferred to that person; the supplementary
        radio licence is, for the purposes of this Act, taken to be a
        commercial radio licence on and from the day of its transfer until its
        expiration.".