Commonwealth Consolidated Acts

BROADCASTING SERVICES ACT 1992 - SECT 61CB

Transfer of licence

  (1)   For the purposes of this Division, if:

  (a)   a regional commercial radio broadcasting licence is held by a person; and

  (b)   the person transfers the licence to another person; and

  (c)   the transfer occurred before the commencement of this paragraph;

the transfer of the licence is a trigger event for the licence.

Change in control of licence

  (1A)   For the purposes of this Division, if either of the following events (a control event ) happens after the commencement of this subsection:

  (a)   a person starts to be in a position to exercise control of a regional commercial radio broadcasting licence;

  (b)   a person ceases to be in a position to exercise control of a regional commercial radio broadcasting licence;

the control event is a trigger event for the licence.

  (1B)   Subsection   (1A) does not apply to a control event if:

  (a)   the control event is attributable to a transfer of shares from one person (the first person ) to another person (the second person ); and

  (b)   there is no consideration for the transfer; and

  (c)   the second person is a near relative of the first person.

Note:   For near relative , see subsection   6(1).

  (1C)   Subsection   (1A) does not apply to a control event if the control event is attributable to circumstances beyond the control of each person who was, immediately before the control event occurred, in a position to exercise control of the regional commercial radio broadcasting licence concerned.

  (1D)   The regulations may provide for exemptions from subsection   (1A).

Formation of new registrable media group

  (2)   For the purposes of this Division, if:

  (a)   a registrable media group comes into existence; and

  (b)   the media group is not already entered in the Register; and

  (c)   a regional commercial radio broadcasting licence is in the group;

the coming into existence of the group is a trigger event for the licence.

  (2A)   Subsection   (2) does not apply to a registrable media group that comes into existence after the commencement of this subsection only because the ACMA varies, under section   29, the designation of a licence area.

  (2B)   Subsection   (2) does not apply to a registrable media group that comes into existence after the commencement of this subsection only because the ACMA makes or varies a determination, under section   30, of the licence area population of a licence area.

  (2C)   The regulations may provide for exemptions from subsection   (2).

Change of controller of registrable media group

  (3)   For the purposes of this Division, if:

  (a)   either:

  (i)   a person who is not a controller of a registrable media group becomes a controller of the group; or

  (ii)   a controller of a registrable media group ceases to be a controller of the group; and

  (b)   a regional commercial radio broadcasting licence is in the group;

the change of controller is a trigger event for the licence.

  (4)   Subsection   (3) does not apply to a change of controller of a registrable media group if the change of controller is attributable to circumstances beyond the control of each person who was, immediately before the change occurred, a controller of the registrable media group.

  (5)   The regulations may provide for exemptions from subsection   (3).