98Varying digital channel plan

98 Varying digital channel plan

(1) This section applies if the ACMA wishes to vary a digital channel plan 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 process for inviting comments in section 95.

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 subsection 94 (2); and

(b) may have regard to the matters in subsection 94 (4).

(5) For subsection (4), the objectives mentioned in paragraph 94 (2) (b) are more important than the need mentioned in paragraph 94 (2) (a).

(5A) If the digital channel plan relates to a holder in relation to which an election under paragraph 6 (7B) of Schedule 4 to the Act remains in force, the ACMA must have regard to the objectives set out in subclause 6 (7H) 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.