Territories Legislation Amendment Act 2020 (154 of 2020)

Schedule 4   Amendments of other Acts

Part 1   Broadcasting services

Division 2   Application, saving and transitional provisions

2   Norfolk Island Radio VL2NI

(1) For the purposes of the Broadcasting Services Act 1992:

(a) a community radio broadcasting licence is allocated to the Norfolk Island Regional Council to provide the broadcasting services provided immediately before the commencement time by the radio broadcast service established by Part 2 of the Norfolk Island Broadcasting Act 2001 (Norfolk Island) (known as Norfolk Island Radio VL2NI); and

(b) the licence is taken to be a broadcasting services bands licence allocated under Part 6 of the Broadcasting Services Act 1992; and

(c) the licence area for the licence is the area defined by the Australia Bureau of Statistics for the purposes of the Census taken in 2016 that includes the Territory of Norfolk Island; and

(d) the community interest that the Norfolk Island Regional Council is taken to represent at the time the licence is allocated is the general geographic area of the Territory of Norfolk Island.

Note 1: For paragraph (b), the Radiocommunications Act 1992 provides for the issue of a transmitter licence to a person to whom a broadcasting services bands licence is allocated under Part 6 of the Broadcasting Services Act 1992.

Note 2: For paragraph (d), see paragraph 9(2)(b) of Schedule 2 to the Broadcasting Services Act 1992.

(2) Sections 26, 29, 80, 81, 83 and 84 of the Broadcasting Services Act 1992 do not apply in relation to the following:

(a) the allocation of the licence under subitem (1);

(b) the designation of the area mentioned in paragraph (1)(c) as the licence area for the licence.

(3) The licence allocated to the Norfolk Island Regional Council under subitem (1):

(a) starts to be in force at the commencement time; and

(b) remains in force for 2 years (despite section 89 of the Broadcasting Services Act 1992); and

(c) cannot be renewed on an application by the Norfolk Island Regional Council (despite sections 90 and 91 of that Act).

Note: The Norfolk Island Regional Council may apply for the licence to be transferred to another person: see section 91A of the Broadcasting Services Act 1992. The transferee may make an application for the licence to be renewed under section 90 of that Act.

(4) Subject to subitem (5), ACMA may, by written notice to the licensee, extend the period mentioned in paragraph (3)(b) by a specified period of no more than 2 years.

(5) ACMA may extend the period mentioned in paragraph (3)(b) only if, before the end of that period, the licence has been transferred to another person, or the Norfolk Island Regional Council has made an application under section 91A of the Broadcasting Services Act 1992 for approval of the transfer of the licence to another person.

(6) The power to extend the period under subitem (4) may be exercised only once.

(7) In this item:

commencement time means the time this Part commences.