Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1A) The ACMA must ensure that, at all times after the commencement of Schedule 2 to the Broadcasting Services Amendment (Regional Commercial Radio) Act 2012 , there is in force under section 43 a condition that has the effect of requiring that, if a trigger event for a regional commercial radio broadcasting licence occurs after the commencement of that Schedule, then, throughout the 24 - month period beginning when the trigger event occurs, the licensee must maintain at least the existing level of local presence.
Note: A trigger event cannot occur in relation to a regional commercial radio broadcasting licence that was allocated under subsection 40(1): see section 50A.
(2) The condition must define existing level of local presence for the purposes of the condition.
(3) The definition must deal with:
(a) staffing levels; and
(b) studios and other production facilities.
(4) Subsection (3) does not limit subsection (2).
(4A) The condition does not apply to a regional commercial radio broadcasting licence that is:
(a) a remote area service radio licence; or
(b) a regional racing service radio licence.
(5) To avoid doubt, this section does not create any obligations under subsection 43(2) that would not exist apart from this section.
(6) Subsection 43(5) does not apply to the condition.
(7) This section does not limit the powers conferred on the ACMA by section 43 to impose, vary or revoke other conditions.
(8) The Minister may give the ACMA a written direction about the fulfilment of the obligation imposed on the ACMA by this section.
(9) The ACMA must comply with a direction under subsection (8).
(10) In this section:
"staff" includes individuals engaged as independent contractors.
"trigger event" has the same meaning as in Division 5C of Part 5.