13Varying digital channel plan

13 Varying digital channel plan

(1) This section applies if the ACMA wishes to vary a digital channel plan made, or taken to be made, for this Scheme.

(a) whether it is appropriate to invite comments on the variation; and

(b) if so — whether it is appropriate for it to use the consultation procedure in section 10.

Note In some circumstances, it may be more efficient for the ACMA to use a different form of public consultation.

(3) If the ACMA invites comments, it must have regard to any comments it receives when considering the form of a variation.

(4) Also, the ACMA:

(a) must have regard to the matters in subsections 9 (2) and (3); and

(b) may have regard to the matters in subsections 9 (4) to (7) (inclusive).

(5) Also, if the variation is likely to have an effect on an approved implementation plan, or on an implementation plan that has been submitted to the ACMA, the ACMA must have regard to the effect of the variation on the approved implementation plan.

(5A) If the digital channel plan relates to a holder that has made an election under paragraph 6 (5A) (d) or (5AA) (d) of Schedule 4 to the Act and the election remains in force, the ACMA must have regard to the applicable objectives set out in subclause 6 (5B) of Schedule 4 to the Act.

(6) the ACMA may vary the digital channel plan:

(a) at any time after completing its consultation; or

(b) if there is no consultation — at any time.

(7) If the ACMA varies the digital channel plan, it must publish a notice stating where copies of the variation may be obtained.