43ACMA may impose additional conditions

43  ACMA may impose additional conditions  (1) The ACMA may, by notice in writing given to a commercial television broadcasting licensee or a commercial radio broadcasting licensee, vary or revoke a condition of the licence or impose an additional condition on the licence.  (2) If the ACMA proposes to vary or revoke a condition or to impose a new condition, the ACMA must:  (a) give to the licensee written notice of its intention; and  (b) give to the licensee a reasonable opportunity to make representations to the ACMA in relation to the proposed action; and  (3) This section does not allow the ACMA to vary or revoke a condition set out in Part 3 or 4 of Schedule 2.  (4) If the ACMA varies or revokes a condition or imposes a new condition, the ACMA must publish the variation, the fact of the revocation or the new condition, as the case may be, in the Gazette.  (5) Action taken under subsection (1) must not be inconsistent with:  (b) conditions set out in Part 3 or 4 of Schedule 2. 43AA  Local news to be provided to section 38C licensees by regional commercial television broadcasting licensees  (1) A commercial television broadcasting licence for a regional licence area is subject to the condition that, if:  (a) the licensee broadcasts a local news program in the licence area; and  (aa) the licensee has not previously broadcast the program in the licence area; and  (b) the licence area is wholly or partly included in the licence area of a licence allocated under section 38C; the licensee of the regional commercial television broadcasting licence must:  (c) provide the local news program to the licensee of the section 38C licence for broadcast by the section 38C licensee; and  (i) simultaneously with the broadcast of the program by the licensee of the regional commercial television broadcasting licence; or  (ii) as soon as practicable after the broadcast of the program by the licensee of the regional commercial television broadcasting licence.  (2) A program must be provided under subsection (1) by transmitting it in digital mode (within the meaning of Schedule 4).  (a) apart from this subsection, a commercial television broadcasting licensee for a regional licence area (the regional licensee) is required by subsection (1) to provide a program to the licensee of a commercial television broadcasting licence allocated under section 38C; and  (b) the regional licensee believes, on reasonable grounds, that the broadcasting of a part of the program in any jurisdiction in the licence area of the section 38C licence could result in the section 38C licensee:  (iv) being in contempt of court; subsection (1) has effect as if the program did not include that part of the program.  (3A) If:  (a) apart from this subsection, a commercial television broadcasting licensee for a regional licence area (the regional licensee) is required by subsection (1) to provide a program to the licensee of a commercial television broadcasting licence allocated under section 38C; and  (b) the regional licensee believes, on reasonable grounds, that the broadcasting of the program in any jurisdiction in the licence area of the section 38C licence could result in the section 38C licensee:  (iv) being in contempt of court; subsection (1) does not apply to the program.  (3B) A commercial television broadcasting licence for a regional licence area is subject to the condition that, if:  (a) the licensee broadcasts a local news program in the licence area on 2 or more occasions; and  (b) the licence area is wholly or partly included in the licence area of a licence allocated under section 38C; the licensee of the regional commercial television broadcasting licence will take reasonable steps to ensure that the licensee of the regional commercial television broadcasting licence does not, on more than one occasion, provide the program to the section 38C licensee for broadcast by the section 38C licensee.  (6) This section does not apply to a commercial television broadcasting licence allocated under subsection 40(1).  (7) In this section: local news program means:  (a) a program that consists solely of local news and/or local weather information; or  (b) a program:  (i) that consists primarily of local news and/or local weather information; and  (ii) the remainder of which consists of other news and/or other weather information;  (c) a short segment, or a headline update, that is broadcast for the sole or primary purpose of promoting another program; or  (d) a short segment, or a headline update, that repeats news content that has previously been broadcast by the licensee concerned. regional licence area means a licence area that is not a metropolitan licence area, but does not include:  (a) the licence area of a commercial television broadcasting licence allocated under section 38C; or  (b) a licence area specified in column 3 of the table in subsection 38C(1). 43AB  Commercial television programs to be provided to section 38C licensees by metropolitan commercial television broadcasting licensees Programs to be provided by metropolitan licensees  (1) A commercial television broadcasting licence for a metropolitan licence area is subject to the condition that, if:  (a) the licensee (the metropolitan licensee) broadcasts a program in a metropolitan licence area on either of the following services (a metropolitan service):  (i) a HDTV multi‑channelled commercial television broadcasting service;  (ii) a SDTV multi‑channelled commercial television broadcasting service; and  (b) before the program is broadcast, a section 38C licensee requests the metropolitan licensee to provide the section 38C licensee with the programs broadcast on the metropolitan service; the metropolitan licensee must:  (c) provide the program to the section 38C licensee for broadcast by the section 38C licensee; and  (i) simultaneously with the broadcast of that program on the metropolitan service; or  (ii) as soon as practicable after the broadcast of that program on the metropolitan service. HDTV digital mode or SDTV digital mode  (2) A program must be provided under subsection (1) by transmitting it:  (a) if subparagraph (1)(a)(i) applies—in HDTV digital mode (within the meaning of Schedule 4); or  (b) if subparagraph (1)(a)(ii) applies—in SDTV digital mode (within the meaning of Schedule 4). section 38C licensee means the licensee of a commercial television broadcasting licence allocated under section 38C. 43AC  Commercial television programs to be provided to section 38C licensees by remote terrestrial licensees  (1) This section applies if the licence area of a commercial television broadcasting licence (the remote terrestrial licence) is a related terrestrial licence area of a licence allocated under section 38C. Programs to be provided by remote terrestrial licensees  (2) The remote terrestrial licence is subject to the condition that, if the licensee broadcasts a program in the related terrestrial licence area on either of the following services (a remote terrestrial service):  (a) a HDTV multi‑channelled commercial television broadcasting service;  (b) a SDTV multi‑channelled commercial television broadcasting service; the licensee of the remote terrestrial licence must:  (c) provide the program to the section 38C licensee for broadcast by the section 38C licensee; and  (i) simultaneously with the broadcast of that program on the remote terrestrial service; or  (ii) as soon as practicable after the broadcast of that program on the remote terrestrial service. HDTV digital mode or SDTV digital mode  (3) A program must be provided under subsection (2) by transmitting it:  (a) if paragraph (2)(a) applies—in HDTV digital mode (within the meaning of Schedule 4); or  (b) if paragraph (2)(b) applies—in SDTV digital mode (within the meaning of Schedule 4).  (a) in relation to a licence allocated under section 38C for the South Eastern Australia TV3 licence area—means a licence area mentioned in column 3 of item 1 of the table in subsection 38C(1); or  (b) in relation to a licence allocated under section 38C for the Northern Australia TV3 licence area—means a licence area mentioned in column 3 of item 2 of the table in subsection 38C(1); or  (c) in relation to a licence allocated under section 38C for the Western Australia TV3 licence area—means a licence area mentioned in column 3 of item 3 of the table in subsection 38C(1). section 38C licensee means the licensee of a commercial television broadcasting licence allocated under section 38C. 43AD  Compensation for acquisition of property  (1) If the operation of:  (b) section 43AA; or  (c) section 43AB; or  (d) section 43AC; in relation to the provision of a program to the licensee of a commercial television broadcasting licence would result in an acquisition of property from a person otherwise than on just terms, the licensee is liable to pay a reasonable amount of compensation to the person.  (2) If the licensee and the person do not agree on the amount of the compensation, the person may institute proceedings in a court of competent jurisdiction for the recovery from the licensee of such reasonable amount of compensation as the court determines.