Commonwealth Numbered Acts

BROADCASTING AMENDMENT ACT (No. 2) 1991 No. 183 of 1991 - SECT 23

23.(1) The amendments of the Principal Act made by sections 13 and 17 of this
Act apply to the grant of a non-metropolitan FM commercial radio licence if:

   (a)  the licence was granted after the commencement of this section and
        subsection (2) does not apply to the licence; or

   (b)  subsection (4) applies to that licence.

(2) If:

   (a)  before 23 July 1991, the Tribunal notified a person under paragraph
        83A(10)(a) or (c) of the Principal Act (as then in force) that a
        commercial radio licence is available to a person; and

   (b)  the relevant period in relation to that person, or that period as
        extended under subparagraph 83A(10)(d)(i), has not expired on the
        commencement of this section; and

   (c)  the person has not, at the time immediately before that commencement,
        paid to the Commonwealth the amount of establishment fee in respect of
        that licence; the provisions in section 82AA and subsections 83A(10)
        and (11) of the Principal Act as in force immediately before that
        commencement are to continue to apply to the grant of that licence.

(3) Subsection (2) ceases to apply in relation to the grant of a licence when
a fresh notice under subsection 82(1) is published in respect of that licence
in accordance with the repealed subparagraph 83A(10)(d)(ii) of the Principal
Act as in force under subsection (2).

(4) If:

   (a)  during the period beginning on 23 July 1991 and ending immediately
        before the commencement of this section, the Tribunal notified a
        person under paragraph 83A(10)(a) or (c) of the Principal Act (as then
        in force) that a non-metropolitan FM commercial radio licence is
        available to the person; and

   (b)  the relevant period in relation to that person, or that period as
        extended under subparagraph 83A(10)(d)(i), has not expired on that
        commencement; and

   (c)  the person has not, at the time immediately before that commencement,
        paid to the Commonwealth the amount of establishment fee in respect of
        that licence; then, on and after that commencement:

   (d)  the notice published in relation to that licence under the repealed
        section 82AA of the Principal Act and the notice mentioned in
        paragraph (a) cease to have effect; and

   (e)  the Tribunal must grant the commercial radio licence to the person.

(5) If a commercial radio licence is granted to a person after the
commencement of this section and subsection (2) does not apply to the licence,
a notice published in relation to that licence before that commencement under
the repealed section 82AA of the Principal Act ceases to have effect after
that commencement.
(6) In this section, "establishment fee" and "relevant period" have the same
meanings as in section 83A of the Principal Act as in force immediately before
the commencement of this section.