Commonwealth Numbered Acts

BROADCASTING AMENDMENT ACT (No. 2) 1991 No. 183 of 1991 - SECT 16

16. Section 89D of the Principal Act is amended:

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

"(5A) The holder of a non-metropolitan AM commercial radio licence may seek to
convert that licence to FM by applying to the Minister, in writing, for the
variation of the technical conditions of the licence warrant so as to
authorise transmission by way of FM frequency.

"(5B) On receiving an application made under subsection (5A), and after having
regard to any representations made in accordance with subsection (8), the
Minister may:

   (a)  exercise the Minister's power under subsection (6); or

   (b)  dismiss the application.";

   (b)  by inserting after subsection (6) the following subsection:

"(6A) If the Minister varies the technical conditions of a licence warrant on
an application made under subsection (5A), the Minister must, by written
notice, inform the Tribunal of the variation.";

   (c)  by adding at the end the following subsection:

"(9) If the Minister or an authorised officer gives a notice to a person under
subsection (8) on that person's application under subsection (5A), the
Minister or the officer must also, in that notice, inform the person of the
requirements in relation to the FM access fee under this Act and the Radio
Licence Fees Act 1964.".