Commonwealth Consolidated Acts

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RADIOCOMMUNICATIONS ACT 1992 - SECT 131AA

Applications for transfer of apparatus licences

  (1)   Subject to section   131AC, a licensee of an apparatus licence may, at any time before the licence is due to expire, apply in writing to the ACMA for the licence to be transferred to another person.

  (2)   The application must be in a form approved by the ACMA and must be signed by both the licensee and the proposed transferee.

  (3)   The ACMA may approve different forms for different applications.

  (4)   An NBS transmitter licence cannot be transferred to any person other than:

  (a)   the Australian Broadcasting Corporation; or

  (b)   the Special Broadcasting Service Corporation; or

  (c)   the Commonwealth.

  (5)   A category 1 digital radio multiplex transmitter licence must not be transferred to a person unless:

  (a)   the person is a qualified company; and

  (b)   an access undertaking is in force under Division   4B in relation to the licence.

  (6)   A category 2 digital radio multiplex transmitter licence must not be transferred to a person unless:

  (a)   the person is a qualified company; and

  (b)   an access undertaking is in force under Division   4B in relation to the licence.

  (7)   A category 3 digital radio multiplex transmitter licence must not be transferred to a person unless the person is a qualified company, and:

  (a)   both:

  (i)   each national broadcaster beneficially owns shares in the company; and

  (ii)   there are no other beneficial owners of shares in the company; or

  (b)   both:

  (i)   a single national broadcaster beneficially owns all the shares in the company; and

  (ii)   the other national broadcaster has consented to that beneficial ownership.



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